CONSTITUTIONAL LAW I

Removal Examination

Part 1

A. True or False
Tell whether the following statements are true or false. (2 points each item)
1. The Commission on Human Rights does not enjoy fiscal autonomy.
2. Valid abolition of office does not violate the constitutional guarantee of
security of tenure.
3. The COMELEC is without authority to reapportion the congressional districts.
4. The president exercises the power of control over local governments.
5. The auditing authority of the Commission on Audit extends to all GOCCs.

B. Multiple Choice
Choose the letter of the correct answer. (2 points each item)

1. Congress shall have the sole power to declare the existence of a state of
war by vote of:
a. three-fourths of both Houses in joint session assembled, voting jointly
b. two-thirds of both Houses in joint session assembled, voting jointly
c. two-thirds of both Houses in separate session assembled, voting jointly
d. two-thirds of both Houses in joint session, voting separately

2. Gerrymandering refers to the practice of

a. creating or dividing congressional districts in a manner intended to
favor a particular party or candidate
b. truancy as applied to Members of Congress
c. loafing among members of Congress
d. coming up with guessing game when it comes to legislation
e. commandeering large chunks of the budget for favored congressional
Districts

3. When is an impeachment proceeding deemed initiated?

a. When the impeachment complaint is transmitted to the Senate.
b. When the impeachment complaint is deliberated upon by the House of
Representatives.
c. When the impeachment complaint is filed with the House of
Representatives.
d. When the impeachment complaint is filed and referred to the
Committee on Justice of the House of Representatives for action.

4. The Commission on Election is composed of

a. A chairman and two commissioners
b. A chairman and four commissioners
c. A chairman and six commissioners
d. A chairman and eight commissioners

5. The following have a term of office of seven years without reappointment

except
a. Chairman of the COMELEC
b. Commissioner of COA
c. Associate Justice of the Supreme Court
d. Chairman of the Civil Service Commission

6. The following are impeachable officers except

a. Ombudsman
b. Chairman of the COMELEC
c. Justice of the Sandiganbayan
d. Vice President
 7. What is not a ground for impeachment?
a. Fraud
b. Treason
c. Other high crimes
d. Betrayal of public trust

8. Which has the exclusive power to initiate all cases of impeachment:

a. the Senate;
b. the House of Representatives;
c. the Senate President;
d. the Speaker of the House of Representatives

8. The constitution is the basic and paramount law of the land which means that
a. It is supreme over all laws.
b. It is supreme over all laws but not over the Supreme Court decisions.
c. It is supreme over all laws but is subordinate to treaties and
international laws.
d. During martial law, it is subordinate to the laws issued by the martial
law administrator

9. It is a special court which has jurisdiction over criminal and civil cases
involving graft and corruption practices.
a. Sandiganbayan
b. Ombudsman
c. Special Prosecutor
d. DOJ

10. Lower courts, collegiate courts and the Supreme Court should decide cases
within its jurisdiction
a. 3 months, 9 months and 24 months respectively
b. 9 months, 12 months and 18 months respectively
c. 3 months, 12 months and 24 months respectively
d. 9 months, 12 months and 24 months respectively

Part 2

Answer the following questions clearly and concisely. A mere yes or no will not
merit any consideration.

Several senior officers of the Armed Forces of the Philippines received invitations
from the Chairperson of the Senate Committees on National Defense and Security for
them to appear as resource persons in scheduled public hearings regarding a wide
range of subjects. The invitations state that these public hearings were triggered by the
privilege speeches of the Senators that there was massive electoral fraud during the
last national elections. The invitees Brigadier General Matapang and Lieutenant
Coronel Makatuwiran, who were among those tasked to maintain peace and order
during the last election, refused to attend because of an Executive Order banning all
public officials enumerated in paragraph 3 thereof from appearing before either house of
Congress without prior approval of the President to ensure adherence to the rule of
executive privilege. Among those included in the enumeration are "senior officials of
executive departments who, in the judgment of the department heads, are covered by
executive privilege." Several individuals and groups challenge the constitutionality of the
subject executive order because it frustrates the power of the Congress to conduct
inquiries in aid of legislation under Section 21, Article VI of the 1987 Constitution.
Decide the case. (10 points)
 II

a. Explain the Regalian Doctrine. (5 points)

b. Cite the instances where a failure of elections may be declared. (5 points)

III

a. Discuss the concept of academic freedom. (5 points)

b. Enumerate the limitations of the power of legislative investigation. (5 points)

IV

Towards the end of the year, the Commission on Audit (COA) sought the
remainder of its appropriation from the Department of Budget and Management (DBM).
However, the DBM refused because the COA had not yet submitted a report on the
expenditures relative to the earlier amount released to it. And, pursuant to the “no
report, no release” policy of the DBM, COA is not entitled to any further releases in the
meantime. COA counters that such a policy contravenes the guaranty of fiscal
autonomy granted by the Constitution. Is COA entitled to receive the rest of its
appropriations even without complying with the DBM policy? Explain. (10 points)

a. Identify the limitations on the power of executive clemency. (5 points)

b. Is the COMELEC authorized to make an unofficial quick count of presidential

election results? Why? (5 points)

VI

a. What comprises the Philippine territory? (5 points)

b. Differentiate career service from non-career service. (5 points)

VII

Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen

of State Frozen. By virtue of the laws of Frozen, any person who marries its citizens
would automatically be deemed its own citizen. After ten years of marriage, Rosebud,
who has split her time between the Philippines and Frozen, decided to run for
Congress. Her opponent sought her disqualification, however, claiming that she is no
longer a natural-born citizen. In any event, she could not seek elective position since
she never renounced her foreign citizenship pursuant to the Citizenship Retention and
Reacquisition Act (R.A. No. 9225). Is Rosebud disqualified to run by reason of
citizenship? (10 points)

GOOD LUCK!