questions

1.Is the Senate under the 1987 a continuing body? Explain your answer.

2. Accordingly in the American System, there are three types of treaties. Give at least one kind, and explain it.

3. The Philippine President entered into a Visiting Forces Agreement which provides that American troops are allowed to enter in our country and conduct its own trainings here for a period of time. A)Is this Treaty valid? Explain. B) It is a fact that said treaty is not concurred by the Senate of the U.S., will said agreement be considered by us as a treaty and binding to our government?

4. Kishu Dalamal, a British subject, was charged, together with other aliens, with having committed certain irregularities in violation of the Central Bank Rules and Regulations before the Deportation Board in a complaint filed by a Special Prosecutor of the Department of Justice.

Acting on the complaint, the Chairman of the Deportation Board issued a warrant of arrest against Dalamal pursuant to the authority given to said Board by Section 1-(b) of Executive Order No. 398. On August 5, 1958, Dalamal was accordingly arrested, but he was subsequently released upon filing a bond in the amount of P10,000.00.

Considering that the warrant for his arrest issued by the Deportation Board is illegal because it was issued in violation of Section l-(3), Article III, of our Constitution, Dalamal interposed the present petition for habeas corpus seeking the annulment of the warrant of arrest as well as the cancellation of the bond filed by him for his provisional liberty.

Question: Is the issuance of the warrant of arrest by the Chairman of the Deportation Board valid? Explain.

5. The maxim "delegatus non potest delegare": Explain.

6. (a) Is the declaration of a state of rebellion by the president equivalent to a declaration of martial law? (b) Does it also constitute an indirect exercise of emergency powers? Explain.

7. The U.S. filed an extradition request before the Philippine Government against X, a Filipino who committed embezzlement in Florida. The Philippine government caused his arrest. He is now in detention, pending his extradition. He files a Petition for Bond, so that he can be released for the meantime.

If you were the Judge, would you grant him bail? What should be your reasons to grant bail or not? Are there jurisprudential guidelines on this matter? Explain.

8. (A) IN an extradition case, is prior notice and hearing required before bail is cancelled?

(B)what constitutes a “special circumstance” to be exempt from the no-bail rule in extradition cases?

9. What are the requisites for the court to exercise its power to determine the constitutionality of a subject statute?

10. What do you understand by the “direct injury test”? Where is it applicable? In what way can said test be “relaxed”?