Albertine Din
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1318
Email: albertine.din@gmail.com
Class: Constitutional
Law 1
Teacher: Judge
Bastasa
1. (a) This is a revision for it proposes a substantial change
in the 1987 Constitution. Specifically, it changes the type of government from
a republican state where government authority resides in and emanates from the
people to a socialist government where sovereignty resides in and emanates from
the party.
(b) The process of revising the Constitution begins with a
proposal from the Congress or from a Constitutional Convention. In the former,
the Congress can simply start the task of drafting a proposal for the revision.
In the latter, a vote of two thirds of the Congress can start the
Constitutional Convention. After the draft has been made, this will be subject
to ratification by the people through a plebiscite. The revision will pass by a
majority of the votes casted during the plebiscite.
2. (a) The ground of Mr. X's non-appearance is not valid.
In order for an official to claim executive privilege, she must argue that the
information she has cannot be disclosed as part of the Executive's exercise of
his powers and privileged communication.
(b) Yes, Mr. Y's refusal is valid as closed-door Cabinet
meetings with the Chief Executive are protected by executive privilege.
3. (a) No, Component 1 is not constitutional because only the
Chief Executive alone exercises control over AFP.
(b) Yes, the President as the Commander-in-chief solely
exercises the executive power, and the Constitution does not limit the
President from relying on other sources of intelligence information during
martial law.
4. (a) Yes, the Ombudsman erred in not giving credence to the
defense of condonation of Mayor X. Althought the Carpio-Morales v. CA decision was promulgated
after the re-election of Mayor X in 2013, judicial decisions apply to pending
cases. Thus, the doctrine of condonation applies to Mayor X, and he cannot be
removed from office for administrative charges.
(b) Y canot invoke the condonation doctrine because this is only
reserved for elected public officials who have administrative misconduct and
are subsequently re-elected.
5. (a) No, the curfew ordinance does not violate the primary
right and duty of parents to rear their children because the State also shares
in this responsibility of rearing the children to become productive members of
the society as parens patriae.
(b) Yes, the curfew ordinance infringes on the minor's right to
travel since tha exceptions are very narrow and limiting. The Constitution
protects the citizens right to travel, including those of minors.
6. (a) Commission on Audit
(b) Congress
(c) Congress
(d) Congress
(e) Congress
7. (a) Yes, Atty. B's contention is correct as
appointments made by the President when the Congress is not in session is
effective only after consent by the Commission on Appointments.
(b) A cannot be reappointemed because Comissioners of COMELEC
may not be reappointed.
8. (a) Natural-born citizens are those who are born as Filipino
citizens without having to perform any process to gain citizenship, while those
who are naturalized are gain Filipino citizenship by process according to law.
(b) X is qualified to run for Congress if he was a natural-born
Filipino citizen before who lost his citizenship and subsequently re-acquired
the same. Foreigners who are naturalized may not run Congress.
(c) X's proclamation divests the COMELEC of its jurisdiction to
decide the case because X is now a part of the House of Representatives,
subject to the jurisdiction of the House of Representatives Electoral Tribunal.
9. (a) The CA is correct in saying that the issuance of the writ
of amparo renders the temporary protection order unnecessary. This is because
the writ of amparo already provides protection for people who are under threat
of violation of rights from unlawful acts or ommission by public
officials.
(b) The President's immunity from suit will not continue after
his term has ended because this immunity is co-terminous with his presidency.
The President's immunity from suit as applied in the Philippines covers all his
acts during his term. As such, after his term has ended, the immunity will also
have ended and he may be sued.
10. (a) This is unconstitutional because only the Supreme Court
has the constitutional mandate to decide on matters related to the practice of
law in the Philippines.
(b) This is unconstitutional as the Constitution already
provides for the requirements of public officials, and excludes by implication
the requirement of college degree.
(c)This is constitutional as the President has the power to
designated Commissioners of the Civil Service Commission.
(d) This is unconstitutional as ten years of practice of law is
required to be appointed as such.
(e) This is unconstitutional as party-list representatives must
be a bona fide member of the party-list that they represent.
11. No, PO1 Adrian's contentions are not correct. The
constitutionality protected right of the accused against self-incrimination is
only applicable to alleged voluntary confessions, and not to drug test results
which is documentary evidence againts PO1 Adrian.
12. The Republic's motion cannot be granted because it has
waived state immunity in this case. State immunity cannot be invoked in
instances when the State has given its content to be sued, such as when the
State enters into a contract with an individual.
13. Yes, the drugs found at the foreigners' bags during luggage
inspection at the airport can be admitted as evidence for a charge of illegal
possession of drugs. This is because port search is a valid type of warrantless
search in the country, in the interest of public safety. While traveling,
people have a lesser expectation of privacy as the safety of the public and
other travelers on board are of primary importance.
14.
15. (a) The law protecting women from violence against their
partners is not violative of the equal protection clause because the equal
protection clause only requires equal treatment for those who are similarly
situated. The classification between sexes is valid because it is based
on substantial distinctions between the two sexes.
(b) This is conention is not valid as the position of Barangay
Chairman has minor judicial powers, which allows them to issue a Barangay
Protection Order.
16.
17.
18. Yes, Patricio is correct. The Constitution specifically
provides that matters of the Court which are procedural in nature are within
the exclusive mandate of the Supreme Court. As such, the provision of RA 9165
which prohibits plea bargaining, while the Rules of Court allows for such, is
unconstitutional and violates the exclusive power of the Court.
19. (a) Amelia is not administratively liable because she is
exercising her right to freedom of religion. According to her religion, members
of their congregation who have been abandoned by their respective spouses may
enter marital relations under a "Declaration of Pledging Faithfulness".
As such, she is observing what is acknowledged by their religion is a valid
relationship.
(b) The concept of "benevolent neutrality" is an
understanding of the Constitutional provision on the separation of Church and
State, wherein the latter does not actively sanction or support a specific
religion, but allows the members of their congregation to observe their customs
and practices and profess their religion.
20. The random drug testing of students and officers and
employees of public and private officers are reasonable as these categories of
people have waived some of their rights in entering the institutions--whether
school or office--and subjected themselves to the rules and regulations of the
institutions. Moreover, the purpose of random drug testing is to ensure order
within the institution against abuse of substance. As such, these provisions
are valid.
On the other hand, persons whohave already been charged with
criminal offenses are already deprived of their liberty and thus, no reasonable
random drug test can be conducted within the prison. In addition, these
subjects have already been convicted of crimes and are in prison to ensure that
the society is in order. In other words, this provision fails the test of
reasonableness in intruding their right to privacy, and this provision is
unconstitutional.
Albertine Din
2020-12-05
Audey Principe
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1173
Writing time: 161
minutes
Email: audeygprincipe@gmail.com
Class: Constitutional
Law 1
Teacher: Judge
Ric S. Bastasa
1. a. It is a revision and not an amendment. Constitutional
revision suggests fundamental change, thus is the question number 1 implies.
b. In accordance with the Article XVII of the 1987 Constitution
of the Philippines, Section 1 states that any amendments or revision may be
proposed by: either the Congress, upon the vote of 3/4 of all its Members or a
Constitutional convention.
2. a. Yes it is permissible. According to the Executive Order
No. 464, series of 2005, section 2 (i) and section 3, that senior officials of
executive departments including department heads like the Secretary of Foreign
Affairs shall first secure a consent from the President prior to their appearance
in the Congress to ensure the observance of the principle of separation of
powers between legislative and execurtive branch.
b. Invoking executive previlege by the Secretary of Energy is
correct. EO no. 464 s. 2005, section 2 (i) that being a head of an executive
department, he/she is covered under such previlege.
3. a. It is unconstitutional under Article VII, Section 18 in
which the President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion or rebellion.
b. It is unconstitutional under Artcile VII, section 18 that
martial law can be invoked by the President to supress rebellion and insurgency
confirmed and ratified by the Secretary of National Defense and AFP and not by
other sources.
4. a. It did not erred. The Office of the Ombudsman is an
independent fiscal office with autonomy under the Article XI, section 5 of the
1987 Constitution.
b. The condonation doctrine which connotes the same sense of
complete extinguishment of liability can be validly invoke by an elective
official and not on an appointed official.
5. a. No. It does not violative with the primary duty and right
of parents in rearing children. Thus, with the 1987 Constitution Article II,
section 12 the State recognizes the sanctity of family life and shall protect
and strengthen the family. Its primary right is to rear the youth for civic
efficiency and development of moral character.
b. No. Under the jurisprudence of GR 225442, the Supreme Court
held that legal restriction to minors, maybe important to the child's chances
for the full growth and maturity. Curfew ordinances are but examples of legal
restrictions designed to aid parents in their role of promoting their
children's well-being.
6. a. Commission on Audit.
b. The Congress.
c. The Congress.
d. The Congress.
e. The Congress.
7. a. It is incorrect. In one of the jurisprudence held by the
SC in Gr No. 149036, it was ruled that an ad interim appointment is a permanent
appointment because it takes effect immediately and can no longer be withdrawn
by the President once the appointee has qualified into office. The fact that it
is subject to confirmation by the Commission on Appointments does not alter its
permanence character.
b. No he can never be reappointed by the president because under
the 1987 Constitution, Article IX, section 1(2) prohibits reappointment.
8. a. Natural-born citizens are those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect their
Philippine citizenship, whereas, naturalized citizen is an acquired citizenhip
in accordance with the law.
b. Yes. In accordance with the COMELEC Resolution No. 9989
section 4 that it allows naturalized Filipino citizen to run, even it is duly
noted in the Certificate of Candidacy (COC).
c. No it does not. The COMELEC under its constitutional
provision has jursidiction over electoral protest.
9. a. Yes. The petition for writ of amparo is a remedy available
to person whose right to life, liberty and security is violated or threatened
with violation by an unlawful act or ommission of a public official or
employee. Thus it would be redundant for the CA if thery will issue TRO in leiu
with the petition for writ of amparo.
b. No. Under the constitution, the President is immune from suit
only during his or her tenure of office.
10. a. Unconstitutional. It should be 10 years.
b. Unconstitutional.
c. Constitutional.
d. Constitutional.
11. No, its not. According the jurisprudence held by the SC in
GR 200748 that drug test i snot covered by allowable non-testimonial
compulsion.
12. Yes. State immunity from suit shall be invoked by the
Republic for the dismissal of case.
13. Yes. In accordance with RA 9165 Article 2, Section 5.
14. a. No. It is a sole duty of the DFA under the Executive
branch for the deportation of undesirable alien, thus no judicial review is
needed.
b. Yes. Diplomatic agency shall enjoy immunity from the criminal
jurisdiction of the receiving state.
15. a. The law does not violate equal protection clause because
the Constitution recognize the frailty of children and women over the
superiority of strenght of men.
b. The barangay has a quasi judicial autonomy which is bound to
its area of jurisdiction. Thus, the issuance of BPO is in congruent with the
power vested in Barangay Government Unit.
16. a. It can exercise jurisdiction provided that the USA has
provided to waive its State Immunity from suit. With the consent from the US,
the Philippines will have jurisdiction over the case.
b. According to GR 206510, even that the US is not an
asignatory in UNCLOS, still they are bound to customary international rules on
the "traditional uses of oceans" as codified by UNCLOS.
17. a. According to the Jurisprudence in Gr No. 149036, it was
ruled that an ad interim appointment is a permanent appointment because it
takes effect immediately and can no longer be withdrawn by the President once
the appointee has qualified into office.
b. No. According to the Jurisprudence in Gr No.
149036, the fact that it is subject to confirmation by the Commission on
Appointments does not alter its permanence character.
18. He is correct in his assertion. It is true the the plea
bargaining is under the sole power of the judicial department in accordance
with the constitution. The RA 9165 on the other hand, encroached on the
constititutional provisions of court, thus the certain provision on the
prohibition of plea bargaining under the statute shall be ineffective.
19. a. No, it is not. The Constitution recognizes the
separation of the separation between the State and Church , and on one of the
cases ruled by the supreme court that the State respects Chruches autonomy on
marital relations.
b. The SC ruling in 2003 and 2006 in the landmark case of
Estrada vs. Escritor established the doctrine of benevolent neutrality
accommodation. With religion looked upon with benevolence and not hostility, it
allows accommodation under certain circumstance.
20. According to GR No. 15770, the SC held that the
abovementioned provisions are unconstitutional for infringing the
constitutional right to privacy, unreasonable searches and seizures and right
of self incriminationand for being contrary to the due process and equal
protection guarantees.
Audey Principe
2020-12-05
Cesar Tinga
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1050
Writing time: 149
minutes
Email: sartings@yahoo.com.ph
Class: Constitutional
Law 1
Teacher: Judge
Ric Bastasa
1 a. This is an amendment to the constitution.
b. the Constitutional revision of the Constitution
are as follows;
The government or one or two members
from the House of Representative submit a proposal to revise the constitution.
The House of the Representative adopt the bill, after the second reading,
by 2/3 of the majority of its memebers.
2. a. No. Mr. X non appearance is not permissible. a Senate
committee has the power to invite him as a resource speaker.
b. Yes it is valid. Mr. Y as Secretary of Foriegn
Affairs may invoked the executive privilege for reasons of his closeness to the
Chief Executive and to protect what trnaspired between the executive branch and
other foreign agreements, as in the case of Romulo Neri V. Senate. Neri invoked
the executive privilege thus enable him not to answer queiries from the senate
on the DOTC project.
3. a. Component 1 is Constitutional. the Constitution provides
that the President as the Chief Executive may exercise all the powers granted
to him by the Constitution in cases of state of emergency. the Chief
executive shall take over the administration and the supervision of both government
and private facilities and institution as in the recent case: To Heal as One.
b. Component 2 is also Constitutional. The Chief
Executive as the Chief of the Armed Forces of the Philippines shall have the
power to mobilize under his commands all the Armed Forces of the Philippines.
4. a. The Ombudsman err in not giving credence to the defence of
Mayor X because his election to another term of office as Mayor shows and
proves the people's vote of confidence on him.
b. Y as the city administrator cannot invoke the
privilege of condonation because his position into office does not emanate from
the vote of confidence of the people.
5. a. No. The Curfew Ordinance does not violate the right of the
parent but rather serves as an aid for the parents to keep their children from
the rise of criminality where the suspect and the victim are minors.
b. No, the Curfew Ordinance does not infringe the
fundamental right of the minor. In this case, the State is exercising its
Police Power, regulating the acts of its citizens for a peaceful and safe
society.
6. a. The Judicial branch shall have the general power to keep
the accounts of the Government provided by law.
b. Legislative branch. Under the Constitution, the
legislative branch shall have the power to enact laws for the safeguard and
safe use of all our mineral resources.
c. Legislative branch shall have the power to
enact laws on the standardization of government employees.
d. The Executive barnch nelongs the power to
declare the exixtence of state of war.
e. The function to ratify treaties and
international agreements belongs to the Executive branch of the government.
7. a.The contention is not correct. A's official function
commence at the time of the appointment of the President and his acceptence as
in the case of the late Sec. Gina Lopez of the DENR, only that she was not
confirmed by the C.A.
b. Yes. The President can still re-appoint as he
is the Chief Executive of the land. The President can even veto the passage of
a law.
8. a. Natural-born are those citizens born in the Philippines
upon the adoption of the 1987 Constitution and whose parents are Filipino.
Naturalized citizens are those born outside the Philippines upon the adoption
of the 1987 Constitution.
b. X being a naturlaized citizen is qualified to
run for congress.
c. No, it did not divest. The Tribunal can still
push through with the complaint even after the proclamation of X.
9. a.The CA was correct because the writ of Amparo ahd been
satisfied.
b. The immunity from suit of the President ends
during his tenure only.
10. a. Constitutional as it is required by law.
b. Unconstitutional because it is an infringement
to the right to run public office.
c. Unconstitutional. The law provides a full time
Commissioner
d. Constitutional as it is provided by law.
e. Unconstitutional. A non-bona member of a party
list, can not be a standard bearer of the said party list
11. PO1 Adrain Andal's contentions are not correct. The
procedure coducted against are procedural matter in RA 9165.
12. Yes. The motion of the Republic is granted. Under the law,
if the state does not consent to be sued, the case will not prosper.
13. Yes. The shabu can be admitted in evidence for they were
discovered in a rotinary way of inspection. There was no violation of right
accrued on the 5 foreigners.
14. a. No. Under the national law treaty, the President shall
have the discretion of deporting undesirable aliens.
b. Aristotle's claim for immunity is not
proper. Under the law only those foreigners whose is on official function
are immuned.
15. a. Condrado is wrong in saying that the law should exxtend
also to husband. What the law envision is to protect only the weaker sex.
b. Conrado's allegation is wrong on the ground
that what is delegated to the BPO is not a judicial power but the power to
administer only.
16. a. True. Under the law we are bound by international
treaties.
b. The mere fact that US is not a signatory, the
more binding shall they be.
17. a. Their appointment by the President are temporary and are
interim. under the law, President shall be confirmed first by the
Committee on Appointment before they can be permanent and regualar.
b. They are not correct because the appointees to
the office is not yet official and regular.
18. Patricio is correct in his assertion. The plea bargaining is
an exclusive power that belongs to the judiciary.
19. a. Amelia cannot be held liable for her acts as she was
permitted to do such by her religion. Under the law, the non establishment and
the free exercise of religious clause shall be observe.
b. Benevolent neutrality is leeway given by the
law to some practices of religion as in the case at bar.
20. They are not unstitutional. The State in doing is only
exercising the Police Power which is inherent as to safeguard and protect the
citizens.
Cesar Tinga
2020-12-05
Cherrie May Baes Pancho
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1411
Writing time: 139
minutes
Email: cmb102792@gmail.com
Class: Constitutional
Law 1
Teacher: Judge
Ric Bastasa
1. (a) No, "The Philippines is a democratic and socialist
state. Sovereignty resides in the people and all government authority emanates
from it" is a revision. If it is change it need to revised as stated in
Article XVII section 4. "Any amendment to, or revision of, this
Constitution under section 1 hereof shall be valid when ratified by a majority
of the votes in a plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the approval of such amendment or
revision."
(b) The process to revise the 1987 constitution are here follows:
First, any Amendment to, or revision of the 1987 Constitution may be proposed
the Congress, with the three fourths from the members and Constitutional
convention. Second, The petition atleast twelve per centum of the total number
of registered voters therein. It shall authorized within five years following
the Constitution.
Third, the Congress may by a vote of two thirds of all its members, call a
constitutional convention. Fourth, Under section 1 shall be valid when ratified
by a majority of votes cast in a plebiscite which shall be held in sixty days
to ninety days after the approval of amendment or revision. Lastly, the
majority of vote cast in a plebiscite which shall be held earlier sixty days to
ninety days after the certification of Commission of Election of the
petition.
2. (a) X, is not permissible because in a Senate Committee it may approve or
reject the legislation with or without amendment. It must be noted under
Section 9 of the Rules of the Senate if the reports submitted are unfavorable
they shall be transmitted to the archives of the Senate unless five members
shall in the following session and to move their inclusion in the Calendar for
ordinary business in which case the president shall order.
(b) Yes, it is based on executive privilege where he stands his argument to the
Senate.
3. (a) Yes, it is constitutional as stated in R.A 6826 section 1
of declaring the national emergency will be accompanied by the Armed Forces of
the Philippines (AFP) to give rise by the emergency of the national
proportion.
(b) Yes, it constitutional in the declaring of Martial Law as stated in Section
18 of the Article VII provides that within forty eight hours from the
proclamation or the suspension of the privilege of the writ of harbeas corpus ,
the president shall submit a report in person or in writing in Congress.
4. (a) No, the mayor commits a criminal liable as stated under Act 3815, in
Article 134 Revised Penal Code of the Rebellion, Sedition and Disloyalty the
crime is committed by rising publicly and taking arms against the government
for the purpose of removing from the allegiance to said government or its laws.
In Article 135 of the Revised Penal Code states the penalty for rebellion,
insurrection or coup d etat by any person who promotes, maintain or heads of
the rebellion or insurrection shall suffer for the penalty of reclusion
perpetua.
(b) No, Y cannot be invoke his condonation because he already committed an
administrative case as stated he violates of the existing Civil Service Law and
he will suspend for one to six months.
5. (a) Yes, it is the government who make the ordinance to keep their community
safe.
(b) Yes, the curfew made by the government is helpful to the minors to keep
them away from danger.
6. (a). In Article IX of the Constitutional Commissions Section 2 stated No
member of the Constitutional Commission shall hold any other office or
employment. It shall keep the general accounts of the government to avoid
fraudulent activities.
(b) In Article XII in National Economy and Patrimony of Section 2 stated that
the Congress may by law, allow small scale utilization of natural resources by
the Filipino Citizens as well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers, lakes, bays and lagoons.
Alienable lands of the public domain shall be limited to agricultural
lands.
(c) In Joint Resolution no.4 states the authorizing the president of the
philippines to modify the compensation and position classification of the
system of civilian personnel and the base pay schedule of government officials
and employees.
(d) the sole power to declare the existence of state of war shall fall on the
Senate and the House of Representatives with two thirds vote in a joint
session.
(e) The treaty power is a coordinated effort between the executive branch and
the senate.
7. (a) No, and he need to follows the rules of the Supreme Court.
(b) Under Article IX of the 1987 Constitution stated no elective or appointive
public officer or employee shall receive additional, double,or indirect
compensation, unless specifically authorized by law, nor accept without the
consent of the Congress, any present, emolument office,or title of any kind
from any foreign government.
8. (a) Under Article IV Citizenship section 1 states first, those
citizens of the Philippines at the time of the adoption of this constitution.
Second, those fathers or mothers are the citizens of the Philippines.
Third, those born before January 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority. Lastly, those who are
naturalized in accordance with law.
(b) Yes, X will be qualified in Congress as stated in Section 1 paragraph 4 if
he is naturalized in accordance with law.
(c) No, X need to present any documents he should be qualified to ran in
Congress.
9. (a) No, but unless the petition of the writ of amparo is a remedy available
to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a public official
or employee, or of a private individual or entity.
(c) Yes, as stated in Article XVII of the 1987 Constitution that the immunities
herein provided shall apply to the incumbent President.
10. (a) No, it is unconstitutional, because it is stated every
applicant for admission as a member of the bar must be a citizen of the
Philippines , at least 21 years of age, he or she has a good moral character,
and a resident of the Philippines.
(b) No, it is unconstitutional, all the canditates for the bar exams shall
finish his or her 4 years Juris Doctor degree.
(c) It is constitutional, The chairman and the commissioner shall be appointed
by the President with the consent of the commission of the Commission of
Appointments for a term of seven years without reappointment.
(d) It is constitutional, as stated in Article XI Section 8 the ombudsman and
his deputies shall be natural born citizens of the Philippines, and at the time
of their appointment, at least forty years old of recognized probity and
independence , and the members of the Philippine bar and must not have been
candidate for any elective office in the immediately preceding election.
(e). First, A nomination for a party list if a voting for a party or
organization.
11. No, by the urine test, he committed and charged with violation of Section
15, Article II of R.A No.9165 or the comprehensive dangerous drug act of
2002.
12. Yes, the Republic may have the chance to grant the motion of Annika
for installing the lighting facilitites in the offices.
13. Yes, as stated in Section 29 of RA 9165 that any person who is found guilty
of planting any dangerous drug and/or controlled precursor and the essential
chemical, regardless of quantity and purity shall suffer the penalty of
death.
14. (a) Yes
(b) No
15. Yes, Conrado, violates Article 9162 in Section 3 of paragraph A refers to
any act of series of acts committed by any person against a woman. He may be a
Physical, Sexual, Psychological or Economic Abuse. In Paragraph C section 3
conrado has a Battered Woman Syndrome refers to a scientifically defined
pattern of psychological and behaviorial symptons found in women living in
battering abuse.
16.
17.
18. No,Patricio plead guilty but he cant apply the R.A 9165
Section 25 about imposing a penalty of his crime.
19. (a). Yes, Amelia administratively liable for having a disgraceful and
immoral act.
(b) benevolent neutrality combines neutrality and accommodationaism. It
toward the religion attempts to combine the ideas of the neutrality.
20. Yes, it is unconstitutional as stated in Section 36.
Cherrie May Baes Pancho
2020-12-05
DC Kimberly Cuenca
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1473
Writing time: 214
minutes
Email: kimberlycuenca@gmail.com
Class: Constitutional
Law
Teacher: Judge
Ric Bastas
1.
a.
It is an amendment. Amendment means piecemeal change only. Thus,
there is mere amendment of a provision of the 1987 Constitution when the term
"republican State" is changed to "socialist State", and
when the term "in the people" is changed to "in the party".
b.
There are two steps involved in the process to revise the
1987 Constitution. The first is the proposal and the second is the
ratification. The proposal is usually made either by a constitutional
convention or directly by the Congress. The proposals to amend the Constitution
must be ratified within a given and reasonable time after the are made. The
proposals are intented to answer the current problems and issues. The
ratification requirement involves the people in the sovereign act of drafting
or altering the fundamental law. If the case is a mere statute, it is enacted
by their chosen representatives pursuant to their mandate. The imperative and
proper approval should come directly from the people themselves if it is being
revised or amended.
2.
3.
a.
Yes, the component 1 of the CNSS is constitutional. The
President has the right to execute such power as to call-out the Armed Forces
of the Philippines for a more effective and immediate response to the ground
situation during a state of emergency. In addition, the President has the right
to mandate the AFP since he is the Commander-in-Chief of the said force.
b.
No, the component 1 of the CNSS is unconstitutional. The
President should not rely upon any intelligence information he may have
gathered through other sources in declaring Martial Law. He should rely and
wait for the recommendation of the Secretary of National Defense and the AFP
for a preemptive action because this is the jurisdiction of the said
departments. These two departments has knowledge and knows what to do and what
not to do with the concerning issue.
4.
a.
Yes, the Ombudsman is err in not giving credence to the
defense of condonation as raised by Mayor X. Mayor X, under the condonation
doctrine, cannot be removed for administrative misconduct committed during his
previous term because he is re-elected to office by the same electorate. Even
if Mr. X is found administratively liable for a fraudulent scheme to defraud
the city government, the people of his town still put their trust in him
despite of his administrative charges. The condonation doctrine should be given
credence.
b.
No, Y cannot validly invoke the condonation doctrine to
absolve him of the administrative charges. The condonation doctrine only covers
for the elected public officials, Y is not an elected public official. He was
appointed by Mayor X, therefore, he cannot invoke the condonation doctrine.
5.
a.
No, the curfew ordinance is not violating
the primary right and duty of the parents to rear their children. The curfew
ordinance is helping and supporting the parents in their role of promoting and
ensuring their children's well-being and safety. Yes, the parents have the
primary role in rearing their children, but the State, through the curfew
ordinance, may override the parents' right in rearing their children when the
children's actions concerns the public welfare, public safety, peace, order,
and in cases which harms to their physical and mental health.
b.
No, the curfew ordinance does not infringe
any of the minors' fundamental rights. The Supreme Court stated that
constitutional rights does not mature and come when one attains the
state-defined age of maturity or legal age. Minors and adults are equally
protected by the Constitution, and equally posseses constitutional rights. The
State has a wider range of interests that justify the infringement of minors'
rights.
6.
(a.) The Commission on Audit has the authority to keep the general
accounts of the Government.
(b.) The Congress has the power to allow small-scale utilization of
natural resources by Filipino citizensm as well as cooperative fish farming.
(c.) The Department of Budget and Management has the authority to provide
for the standardization of compensation of government officials and employees.
(d.) The Legislative Department, particularly the Congress, has the sole
power to declare the existence of state of war.
(e.) The Legislative Department, particularly the Senate, has the power
to ratify treaties and international agreements.
7.
a.
No, B is incorrect. Although Article IX-C of the 1987
Constitution stated that "in no case shall any member of the COMELEC be
appointed or designated in a temporary or acting capacity", Article VII,
Section 15 of the 1987 Constitution gives the President the power to make
temporary appointments. A is an ad interim appointee because of the recess of
Congress, and the recess appointment power keeps on continous operation on the
business government, in this case, in the COMELEC, when Congress is not in
session.
b.
Yes, A can still be reappointed by the President if the
Commission on Appointments by-passed him, but he will be reappointed until it
reaches one regular session. A maximum of one year is given for by-passed
appointee.
8.
a.
Under the 1987 Constitution, a natural-born citizen is who
at the moment of his birth is already a citizen of the Philippines or citizen
by birth, and who is born to Filipino parents. A naturalized citizen is
originally a citizen of another country, but by an intervening act, through
naturalization, has acquired a new citizenship in the Philippines.
b.
No, X is not qualified to run for Congress. Art. VI, Sec.
7 of the 1987 Constitution states that a representative must be a natural-born
citizen of the Philipines, X is a naturalized citizen. Therefore, X is not
qualified to run for Congress.
c.
Yes, X's proclamation deprives the COMELEC of its
jurisdiction to decide the case and vest the House of Representatives Electoral
Tribunal jurisdiction to hear the case. The COMELEC and the HRET has the
primary right to decide the case, not the Provincial Election Supervisor of
Batanes.
9.
a.
Yes, the CA was correct in saying that the writ of amparo
renderede unnecessary the issuance of the temporary protection order. There is
no need to issue a temporary protection order because the writ of amparo covers
the right to life, liberty and security which is violated by an unlawful act
committed by a a public official, in this case, by General Altamirano and
several of his military men.
b.
No, the President's immunity from suit will not contimue
after his term has ended, The presidential immunity from suit is only for the
concurrence with the President's incumbency. His term has ended, so he can
spend all his time in attending to litigations.
10.
(a) Unconstitutional because all appointees to these courts must be a
natural-born citizrns.
(b) Unconstitutional because it is not one of the qualifications
specifically required for these offices by the Constitution.
(c) Unconstitutional because the Constitution provides that no
person shall be appointed or designated in any of the constitutional
commissions in a temporary or acting capacity.
(d.) Constitutional because the Constitution requires only the Ombudsman
to have been engaged in the practice of law for at least ten years, not a
Deputy Ombudsman.
(e) Unconstitutional because nominees of a national party-list must be
their bona fide members.
11.
Yes, PO1 Adrian's contentions is correct. The mandatory
drug test under R.A No. 9165 is a violation of the accuesed's right to privacy
and right against self-incrimination. Futhermore, recquiring him to submit a
sample of his urine is far flung from the case he is being investigated
on.
12.
Yes, the motion of the Republic should be granted. There is
no consent on the part of the State to be sued. Art. XVI, Sec. 3 of the
Constitution provides that the State shall not be sued without its consent.
13.
Yes, the shabu found inside the boxes be admitted in
evidence against the five foreigners for the charge of illegal possession of
drugs in violation of the Comprehensive Dangerous Drugs Act of 2002. The shabu
found inside the boxes is covered by the controlled delivery under the
Comprehensive Dangerous Drugs Act of 2002. The authorized examiner found the
shabu through investigative technique and warrantless search which is granted
to the airport authority.
14.
a.
No, the President's act of deporting an
undesirable alien is not subject to judicial review. The power to deport
an undesirable alien is an act of State, and an act of State cannot be
questioned in a court of law. Thus, deporting an undesirable alien is not
subject to judicial review.
b.
No, Aristiotle's claim of diplomatic
immunity is improper. Slandering a person cannot possibly covered by the
immunity agreement because our law does not allow the commission of a crime,
such as oral defamation to be considered as an official duty. Uttering
defamatory words against a colleague at work is not covered in his official
capacity.
DC Kimberly Cuenca
2020-12-05
Edison alviar
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 954
Writing time: 196
minutes
Email: raiv_alviar@yahoo.com
Class: Constitution
Teacher: Hon.
Ric S Bastasa
1. a. Revision. because under the law, if it will totally change
the entirely the state it will fall to revision.
b. upon the three fourth (3/4) vote of the congress both from
the lower and upper house voting separately and through constitutional
assembly.
2. a. No. Mr. X non-appearance is not permissible if it is due
to his reason that the senate cannot compel him to appear before the senate
body. Unless Mr. X has valid reason for not attending the hearing. However, in
the instant situation, he may be place in contempt if he refuse to attend the
hearing. Because, it is power of the senate to conduct inquiries in aid of
legislation pursuant to Art. VI, section 21 of the philippine constitution.
b.Yes. because any information derived from and
excerpt from the executive meeting which attended by the committee member only
will not be made public unless authorized through majority votes from the
members present.
3. a. Yes. because the executive power is vested upon the
President. thus its it constitutional.
b. Yes. under the constitution the president being the Commander
in chief of the armed forces, when the national security are at stake and when
public safety requires may place the entire state under martial law to preempt
and supress lawlessness as provided under section 18 od article VII of the
constitution.
4. a. No. the Ombudsman is correct, because the in the obeved
mentioned case, condonation doctrine has been abandoned and became judicial
decision in interpreting and applying the laws and constitution.
b. No. because the doctrine speaks for the complete
extinguishment of liablity.
5. a. No. because, parents are not only given the priviledge of
exercising authority over their children but they equally obliged to exercise
this authority concientiuosly. as parens patriae concept, explains that the
state has inherent right and duty to aid parents in moral development of
their children and assumes supporting role, fro parents to fulfill their
parental obligation. therefore, it is not a violation.
b. No. because, it crafted in order to served for teh best
interest of the public safety. Moreso, curfew period percieved to reduce the
probability of the minors to became a victim or getting involved in crimes and
criminal activity.
6. a. Commission on Audit.
b. DENR
c. Civil Service Commission
d. President of the Republic
e. Department of foreign Affairs.
7. a. No. because, being ad interim and temporary in nature, but
he is not barred in excercising the function vested upon to him even when
confirmation is still pending from the commission on appointments.
b. Yes. but not in the same commission where he was rejected.
8. a. Naturalized citizen by virtue of existing laws, while
natural-born citizen are those natural born citizen since birth.
b. No. because, it requires natural-born filipino.
c. No. it shall be decide within COMELEC. with
matters pertaining recount of votes, it should be done under the HRET.
9. a. NO. although both remedy were both intended for protection
against abuse, but writ of amparo specifically a protection issued by the court
to prevent from malicius law enforcemnet operation. while TPO is only temporary
that could be revoke anytime.
b. Yes. the president is still immune from suit absolutely even
after his tenure for an alleged wrong doing done during his term.
10. a. NO. because under section 7 of art. 8 of the constitution
appointment of person to be member of the supreme court must be a natural born
citizen.
b. No.
c. No.
d. Yes.
e. No.
11. Yes. indeed it is self incriminatory because, it has nothing
to do with his pending case for robberry extortion.
12. Yes. because as a rule the state cannot sued without its
consent.
13. Yes. because, it is properly obtain. it cannot be considered
as evidence illegallyn obtained which make the items inadmissible in court as
evidence.
14. a. Yes. he cannot invoke immunity from sued, because
only diplomatic official performing diplomatic function as representatitve of
foreign state were immune from suit.
b. No. because he was not immune from suit.
15.a. No. because, naturally the husband are much stronger than
the wife who is considered as weaker.
b. No. because, barangay council thru it barangay
chairman are vested with executive, legislative and judicial power within their
cognizance as provided by law. issuing BPO dose not constitute as undue
delegation of judicial power.
16. a. Yes. it should be tried to international court where both
sovereign state is under or within their jurisdiction.
b. No. the US cannot raised a defense that they
are not signatory, even they did not affixe they signature, they are still
under the UN convention where all state are members and where this UNCLOS
emanates from.
17. a. Temporary and Interim because all appointment should be
confirm by the commission on appointment by the house of congress.
b. No. because even they are temporary in status
but they can perform already their function or else, the department which they
are about lead will become idle thus, the basic goverment service could not be
delivered to the people.
18. No. plea bargaining is indeed an procedure, but it is not
impliedly absolute and as a general rule, what was provided in th law it should
be followed as to what it provides in the law.
19. a. Yes. administratively but not criminally, in the context
of immorallity as penalized under the admin code, excercise of religion does
extinguish her liability.
b. Benevolent Neutrality allows accomdation of
religion under certain circumstances.
20. Constitutional. simple, if it is unconstitutional, it will
be a law. because, in order for bill to become a law it should be tested its
constitutionality.
Edison alviar
2020-12-05
Holly-Ann Cabasag
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1755
Writing time: 228
minutes
Email: cabasaghollyann4@gmail.com
Class: Constitutional
Law
Teacher: Judge
Ric S. Bastasa
1. a. This is a revision. Revision is a fundamental change.
Considering the fact that there's a proposal to change a provision, hence
there's a fundamental change of the said provision.
b. Article
XVII, section 1 provides that any amendments or revisions of the Constitution
may be proposed by 3/4 of all the members of the Congress and constitutional
convention of two thirds of the members. The use of people's initiative towards
the revision of the Constitution cannot not be executed and only limited to
amendments.
2. a. No. Mr.
X's non-appearance is not permissible. Considering the fact that X is does not
include him having an executive privilege.
b. No.
Mr Y's refusal to answer based on executive privilege is not valid. Mr Y cannot
invoked executive privilege as this is solely limited to the core
constitutional power of the executive branch of the government which includes
the President. The executive privilege covers the confidential information
between the President and public officers. This privilege includes the
President's power to remove and appoint executive officials.
3. a. Yes. The component of the CNSS is
constitutional. Article XII, section 17 provides that during the times of
national emergency, when the public interests is concern, the state has the
right to take under reasonable terms. The President, being the Head of State
has the authority to exercise his police power with response to the general
welfare of the people.
b. Yes.
The component 2 of the CNSS is constitutional. The president, being the
commander-in-chief of the armed forces of the Philippines and the Head of State
has the sole authority to declare Martial Law in preemptive action and without
waiting for the recommendation of the Secretary of National Defense and AFP,
may rely upon intelligence information he may gathered through othe souces. As
a chief executive, the President excercises controll over all the executive
departments, bureaus, and offices.
4. a. Yes. The Ombudsman conduct a mistake in not giving credence to the
defense of condonation as raised by Mayor X. Under this doctrine, a public
official cannot be removed for misconduct committed during a prior or previous
term wherein his reelection operates as a condonation of the officer's previous
misconduct. In the case of Mayor X, the term of office during which the said
misconduct was committed expired before the filing of the said petition against
him. Thus, if a public official is not removed before his term of office
expires, he can no longer be removed if he is reelected. In the case of Mayor
X, he was reelected when the said petition was executed.
b. No.
Y cannot validly invoke the condonation doctrine to absolve him of charge. The
said doctrine is limited to public officials wherein they are undergo election
and voted by the people. Thus, the doctrine of condonation may be invoked by
public officials who were reelected through election process. In the case at
bar, Y is a City Adminisratitor, and this position is duly appointed. Thus, he
cannot be absolve of charge.
5. a. No.
The curfew ordinance doesn't violate the primary right and duty of parents to
rear their children. This can be a case under the doctrine of parens patriae.
In this doctrine, the State has the authority to intervene and protect the
children who is in need of protection especially those parents who weren't able
to protect and being negligent. In this case, because of the unabated rise of
criminality and the reported identification of delinquent children loitering in
the wee hours of night, the government of the City Z has the sole authority to
implement the said ordinance.
b. No. The
curfew ordinance does not infringe the minor's fundamental rights. Considering
the fact the they are still minors, they need attention as well as protection
if there parents failed to do so. In the doctrine of parens patriae, the state
will act as their parents in order to protect them due to negligence.
6. a. The
authority to keep the general accounts of the government and for such period provided
by law, preserve the vouchers and other supporting documents pertaining thereto
shall be vested upon the the COA (Commission on Audit).
b. The
power to allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to substinence
fishermen and fisherworkers in rivers, lakes, bays, and lagoons vested upon the
DENR (Department of Environment and Natural Resources).
c. The
Congress shall have the authority to provide for the standardization of
compensation of governement officials and employees.
d. The
Congress by a vote of two thirds shall have the power to declare of state of
war.
e. The
President has the power to ratify treaties and international agreements.
7. a. Yes.
Atty B's contenction is correct. Article IX-C of the 1987 Constitution provides
that no member of the COMELEC be appointed or designated in a temporary or
acting capacity. Thus, the said appointment of A by the President is invalid as
there's no consent from the Commission on Appointments as well. Under the
Constitution, any member of the COMELEC should be appointed with the consent of
The President and the Commision on Appointments.
b. No.
The said appointment should have the consent of both the President and the
Commission on Appointments.
8. a. Article
IV, Section 2 of the 1987 Constitution provides that natural-born citizens are
those citizens of the Philippines from birth without having to perform any act
to acquire the said citizenship or to perfect the said citizenship. Upon
other hand, naturalized citizens are those who performed the act of
naturalization process by which non-citizen acquired its Filipino citizenship.
b. Yes.
X can be qualified to run for Congress. Considering the fact that X is already
a naturalized Filipino citizen, he has the right and the legal capacity to ran
in a public office. As what the Constitution provides, naturalized citizens
already acquired their citizenship through naturalization process.
c. No.
X's proclamation doesn't divest the COMELEC of its jurisdiction to decide the
case and vest the House of Representatives Electoral Tribunal (HRET)
jurisdiction to hear the case. COMELEC, being a quasi-judicial body has the
right to hold hearings and conduct investigations into disputed claims. In this
case, the COMELEC has the authority to hold investigations regarding the
proclamation of X and the election protest made by Y.
9. a. No.
The CA was incorrect in invoking the writ of amparo rendered unnecessary the
issuance of the temporary protection order. The writ of amparo was necessary as
a remedy to those whose right to life, liberty and security is violated. In
this case, Agnes' right to life which is one of human rights as an inherent
right was violated.
b. No. The
Presidents's immunity from suit will not continue after his term ended. the
cloak of immunity of the President will be exercised during the term of his
office. He will be immune from any suit considering that he still hold public
office. However, the removal of the cloak of immunity will be rendered the
President to be sued from any form of misconduct.
10. a. Yes.
It's constitutional. Under the law, in order for the the appointment to any
lower than the Supreme Court, the following requirements must be met. This
includes, natural born or naturalized citizens, of 35 years of age and at least
eight years as a member of the Philippine Bar.
b. Yes.
It's constitutional. In order to hold public offices, college degree must be
presented.
c. Yes.
It's constitutional. There should be a consent from the President under
Article XI-C of the 1987
Constitution.
d. No. Its
unconstitutional.
e. No.
It's unconstitutional.
11. No.
PO1 Adrian's contentions are not correct. The said apprehension was made during
the operation of the National Bureau of Investigation and thus, warrant of
arrest was not necessary. The said drug test was a requirement for him to be
able to invalidate the said accusations made. Considering the fact that he was positive
for dangerous drugs made him guilty.
12. Yes.
The Republic's motion can be granted. The state can invoked it's right for an
immunity. The state cannot be sued for the reason that the principle of state
of immunity from suit rests on reasons of public policy. Article XVI, Section 3
of the 1987 Constitution provides that the State cannot be sued without its
consent. However, this provides that the state can be sued with consent either
impliedly or expressly.
13. Yes.
The shabu found inside the boxes can be admitted in evidence against the five
foreigners for the charge of illegal possession of drugs in violation of the
Comprehensive Dangerous Drugs Act of 2002. The said place were the drugs was
confiscated and apprehensions were made falls under the exceptions for
warrantless searches and seisures. Hence, the said evidence is
admissible.
14. a.
Yes. The President's act of deporting an undesirable alien be subject to
judicial review. Considering the fact that the said commission of crime
happened in the Philippines where there's sovereignty.
b. Yes. Aristotle's claim for diplomatic
immunity is proper. Under treaty stipulations, any diplomatic relations are
immune frim suit thus Aristotle being a diplomat is immune from any suit.
15. a. No. It
doesn't violate the equal protection clause. Equal protection clause is not
centered to a single person. Women are considered under the law less powerful
than men thus, they need protection.
b. No.
The Barangay can have an authority to settle disputes.
16.
17.
18. No.
Patricio's contention is not correct. Under the law, plea-bargaining shall not
be allowed in violation of R.A. No. 9165 or the Compehensive Dangerous Drugs
Act of 2002. Thus, considering that it's constitutional doesn't encroached on
the rule-making power of the Supreme Court.
19. a. No.
Amelia is administratively liable. Considering the fact that Amelia only
exercise his freedom of religion. Under their religion, she and his spouse
belong to a religious sect and that allows members of the congregation who have
been abandoned by their respective spouses to enter marital relations under a
"Declaration of Pledging Faithfulness". Furthermore, his marital
status doesn't affect her work.
b. Benevolent neutrality provides that there
is neutrality of religion.
20. In this
case, it depends on the means of how it is conducted. Section 36 of the
Republic Act No. 9165 can be unconstitutional if it violates the right to
privacy and against self-incrimation. Furthermore, the constitution provides
that no person shall be compelled to be a witness against himself.
Holly-Ann Cabasag
2020-12-05
Joseph Vallecer
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1350
Writing time: 414
minutes
Email: jvallecer1980@gmail.com
Class: Constitutional
law 1
Teacher: Judge
Ric S. Bastasa
1 a. Yes, it is a amendments or revision becuase it change
government from democrat to socialist form of government
b.Under the law, any amendments to, or revision of, this
constitution may be proposed by: 1. The Congress, upon a vote of three-fourths
of all its member.
2. A constitutional Convention.
2 Yes, it is permissible. Under law, all public officials
shal secure prior consent of the President prior to appearing before either
House of Congress to ensure the observance of the principle of separation of
powers, adherence to the rule on executive privilege and respect for the rights
of public officials appearing in inquiries in aid of legislation.
b. Yes, Mr. Y can refuse to answer, The rule confidentially
based on executive privilege is fundamental to the operation of government and
rooted in the separation of powers under the Constitution. Mr. Y covered the
executive privilege because he is the head of office appoint by the President.
3 a. Yes, under the law, The President shall have control of all
the executive departments, breaus, and offices. He shall ensure that the laws
be faithfully executed. He may call out such armed forces to prevent or
suppress lawless violence.
b. Yes, under the law, the President shall be the
Commander-in Chief of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless
violence. Incase of invasion or rebellion, when the public safety reruires it,
he may, for a period not exceeding sixty days, suspent the privilege of the
writ of habeas corpus or place the Philippines, or any part thereof under
martial law.
4. Yes, the Ombudsman err in not giving Mayor X credence to
defense of condonation, considering that if it were established that the acts
subject of the administrative cases against Mr. X, were all committed his prior
term, then. applying the condonation doctrine, Mayor X re-election meant that he
con longer be administatively charged.
b. No, Y cannot invoke the condonation doctrine, prior to
its abandonement without the respondent elective official invoking the same as
a defense was whimsical, and amounted abuse of discretion. Condonation doctrine,
being a matter of defense, must be specifically invoked by the respondent
elective public official.
5. No, under the Constitution, the State can properly
conclude that parents and others, teacher for example, who have the primary
responsibility for children's well being are entitled to the support of laws
designed to aid discharge of that responsibility. The curfew ordinance are but
the examples of legal restriction to design aid parents in their role of
promoting their children well being. These ordinances further compelling State
interest particularly, the promotion of juvenile safety and the prevention of
juvenile crime, which necessarily entails limitation on the primary rightd of
parenst to rear their children.
b. No, the curfew ordinance not infringe any right of the
minor's, under the law, the restrictions set by the Curfew Ordinances that
apply solely to the minors are likewise constitutionally permissible. In this
relation, the Court recognizes that minors do posses and enjoy constitutional
rights, but the exercise of these rights is not co-extensive as those adults.
They are always subject to the authority or custody of another, such as their
parents, guardians,or the State.
6.a Commission on Audit-It shall keep the general accounts
of the Government
b. Congress- allows small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming.
c. Congress shall provide for the standardization of
compensation of government officials and employess
d. Congress- the sole power to declare the existence of
state of war by a vote of two-thirds of both Houses in joint session
assembled.
e. President- the Senate the sole power to approve, by
two-thirds votes, treaties negotiated by executive branch. The senate does not
ratify the treaties.
7 a. Yes, under the law, the President shall have the
power to make appointments during the recess of the Congress, wether voluntary
or compulsory but such appointments shall be effective only until disapproval
by the Commision on Appointments or until next adjournment of the Congress.
b. No, under the law, the President shall nominate
and with the consent of the Commission on Appointments.
8. Natural- born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or perfect
their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph 3. Section 1 of the Article IV.
Naturized citizen- The foreigner was born, who studied
and he resided in the Philippines. Those who are naturalized accordance with
law.
b. No, under the law, no person shall be a member of the
House of Representatives unless he is a natural-born citizen of the
Philippines.
c. Yes, HRET has jurisdiction to hear the case, is
electoral tribunal that decides election protests in the House of
Representative of the Philippines.
9. Yes, the writ of amparo apply only provides judicial relief
as it partakes of a summary proceeding that requires only substantial evidence,
such relevant evidence as a reasonable mind might accept as adequate to support
a conclusion.
b. No, The President shall be immune from his tenure.
Thereafter, no suit whatsover shal lie for officials acts done by him or by
others others pursuant to his specific orders during his tenure.
10. a Not Constitutional- as a member of the Supreme Court must
be at least forty years of age, and must have been for fifteen years or more
judge of a lower court.
b Not Constitutional - No
required degree at least the candidates are natural-born filipino and legal age
required by the Constitution
c. Not Constitutional- No elected
official shall be eligible for the appointment or designation in any capacity
to any public office
d. Not Constitutional- unless for
ten years or more ,been a judge or engaged in the practice of law in the
Philippines.
e. Not Constitutional-
No votes cast on favor of political party except for those registered under the
party-list system as provided this Constitution.
11 a. Yes, because he was not apprehended or arrested on
possesion of dangerous drug. but their is sanction against him.
12 a. No, State immunity, sate cannot be sued without its
consent.
13 a. Yes, because they apprehend and arrested bringing illegal
drugs.
14. a.No, there is agreement between the Philippine Govenment
and the ADS.
b. No, becuase it against the agreement he caught a illegal
drugs.
15. No, VAWC is not violation of eaqual protection, its
protection of women as they are more prone to abuse than men. Women cannot
defend themselves compared to men who has strength.
b. No, because as chairman in the his duties and obligation is
to execute minor judicial power as a part of Barangay Justice System
c. the validity of the ground raised by conrado is void, and not
acceptable.
16. a. Yes, the court cannot exercuse jurisdiction,it is about
territorial jurisdiction as long as it does not damage our resources they are
not liable.
b. UN CLOS is not signed by USA but still adheres to
international law.
17. a. Depending on the basis on which the employee was
temporarily employed, he or she will be entitled to a permanent position upon
appointment for more three years or four years.
b. No, WAMP is not correct, under the President shall have the
power of appointments during the recess of the Congress,whether voluntary or
compulsory
18 Pleading should be exercised by supreme court under
Constitution and not by Congress. Congress no right or not authorized.
19. Amelia administtratively liable,under Revised Penal Code,
Amelia religious belief no matter how she sincere cannot exempt her
administrative case.
b. Thery believes that with respect to these government
action , accomodation of religion may be allowed, not to promote the
government's favored form of religion,but to allow individuals and groups
to exercise their religion without hindrance.
20 Drug test is constitutional since the drug test results will
not treat the students and employees as criminals. It is a legal restriction to
help the society away from any crime.
Joseph Vallecer
2020-12-05
Kyle Kristian Jay Geromo
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1591
Writing time: 223
minutes
Email: kylekristianjaygeromo@gmail.com
Class: Constitutional
Law 1
Teacher: Judge
Ric S. Bastasa
1. a. The proposal made is considered as a revision. The
proposed text has intentions of changing the important text of the
Constitution, in the clauses such as sovereignty resides in the party and all
government authority emanates from it. Meaning it will determine it extent of
which the Constitution will be changed and its end part shall have structural
changes and eventually affect certain provisions of the Constitution.
b. The process of revision of the 1987 Constitution shall follow
the process of: first, there must be a proposal for the revision of the 1987
Constitution and the formulation of changes contemplated; second, there is a
submission of the proposed revision provided that it constitute an electorate
through people's initiative; lastly, is the ratification of the submission by
the congress.
2. a. No, because the senate can conduct inquiries or investigations.
b. Yes, it is valid since cabinet meetings by officials of the
executive department in subject to the executive privilege.
3. a. Yes, the component 1 is constitutional. According to
Article 7 of the 1987 Constitution, the President as the commander-in-chief of
the armed forces when it is necessary may call out the Armed Forces to prevent
violence. In this case, it was advised by the National Security to adopta
Comprehensive National Security Strategy and the power of the President to call
out the armed forces in times of security purposes is enshrined in our
Constitution. Therefore, component 1 is constitutional.
b. No, the component 2 is unconstitutional. Under the law, the
President may only apply martial law in times of rebellion and invasion when it
is advised by the National Security Adviser and it is approved by the congress
votation for the declaration of martial law. Therreofore, component 2 is
unconstitutional.
4. a. Yes, it erred in giving credence.
5. a. No, it does not violate the primary rights and duty of
parents to their children. Under the law, the duty of the parents shall include
caring and rearing of their children. The law also becomes the parens patritae
or the parents of his or her country meaning the law has the right and
responsibility to also look after the minors for guidance.
b. No, it does not infringe the fundamental rights of the
minors. Under the law, every person shall have equal protection as stated in
the Constitution. In this case, the minors being apprehended by the law during
curfew hours shall undergo counseling which is another right by the law and
that is to parent his country as the guardian of the minors who are not able to
look after themselves and for safety purposes as well.
6. a. Commission on Audit has the authority to keep general
accounts of the government.
b. Department of Environment and Natural Resources has the power
to allow untilization of natural resources.
c. Department of Budget and Management has the authority to
provide compensation of government officials and employees.
d. Congress has the sole power to declare the existence of state
of war.
e. The President has the power to ratify treaties and
international agreements.
7. a. Yes, Atty. B's contention is correct. Under the law, any
appointment made by the President shall be subject to the consent of the
Commission on Appointment as per stated in the constitution because the
position of the Commissioner of the Commisison on Election is under the
Executive Department that belong to the power of the President. In this case, A
was appointed by the President as Commissioner on Election as fuctioned his
mandated duty without the consent and confirmation by the Commission on
Appointment. Therefore, Atty. B's contention is correct that A's fuction is a
pending confirmation and he cannot act in his duties.
b.Yes, he can be reappointed since there was no consent by the
Commission on Appointment.
8. a. As stataed in the Constitution, natural-born citizens are
those who are living in the Philippines during birth and did not performed any
act to acquire their Philippine citizenship. While naturalized citizen are
those aliens who have made a legal adoption of the privilege of a native born
filipino citizen. It can be through complying to procedural requirements of
naturalization law.
b. Yes, X is qualified to run for Congress. Those who are
naturalized filipino citizens are qualified for an office as long as they have
have adopted the requirements for naturalization and have resided in the
country for a number of years.
c.
9.
10. a. Yes, it is constitutional. Qualifications are important
as to determine who has the capacity to be appointed and covered by the
Constitution.
b. No, it is not constitutional. Under the Constitution, anyone
has the capacity to run for an office with qualifications, however college
degree is not stated.
c. Yes, it is constitutional. It is under the Constitution that
the President has the capacity to appoint members of the Executive Department.
d. No, it is constitutional. Under the Constitution, there is a
prescribed years to be appointed as Deputy Ombudsman.
e. Yes, it is constitutional.
11. No, PO1 Adrian's contention is wrong. Under the law, Public
officials and employees must be accountable and must serve the people with
responsibility and live a modest life. It means that all public servants must
be subject to the law and must follow order. In this case, the mandatory drug
testing did not violate his right to privacy since he is subject for such
litigation and must in a way prove his innocence of the crime.
12. Yes, the Republic's motion must be granted. Under the law,
there shall be no suit against the State unless is allowed or consented as
provided by law. In this case, the Republic of the Philippines is to be sued by
Annika for failure of the donee to install lighting facilites and water system
as per stated in the donation executed. The shall have its immunity against
suability, thereofore the motion for dismissal must be grated.
13. Yes, it can be charged to the foreigners. Under the law,
possession of shabu is prohibited and penalized when it is committted inside
the country regardless of the nationality. Also, the search that was made is
reasonable since it happened in NAIA, a public transportation.
14. a. Yes, it can be a subject for judicial review. Under the
law, all persons who committed crimes as part of the Philippine territory
regardless of their nationality is subject to penal laws inside the country. In
this case, Andreas who is a foreign national is caught importing illegal drugs
in the country which is against the Dangerous Drugs Act, and those persons
caught are subject to criminal liability. The act of the President in deporting
undesirable aliens can be a subject to judicial review since the act was
illegally committed to the country and the foreign national is not subject to
the law of the Philippines.
b. Yes, he can claim for diplomatic immunity. The dipolomatic
immunity is given to an alien who is inside a host country and when that alien
commits a crime he or she will be acquitted for the crime.
15. a. On the first ground raised by Conrado, it does not
violate the equal protection clause since the Constitution does not give
absolute protection on one person. The equal protection is based on valid and
reasonable means. In this case, it does not violate since under the
Constitution the equal protection is applied equally to all members of the same
class.
b. On the second ground raised, the BPO does not constitute
undue delegation of power since the barangay is also part of the lower courts
that settles disputed and it has its own mandated power.
16. a. The first ground raised by the U.S. Government is not
valid. The rule on jurisdiction can be applied since it is stated in the
Constitution that national territory comprises the Philippine archipelago, will
all the islands and waters embraced therein. The incident happened inside the jurisdiction
of the Philippines, and damages are made in the Philippines, therefore it is
subject to such liability.
b. On the second ground, the UNCLOS determines the nautical
miles for the exclusive economic zone of the country and Palawan is under
nautical miles of the country, thereofor the country can exercise jurisdiction
and the US is bound by its provision.
17.
18. Yes, Patricio is correct. The plea-bargaining is only within
the exclusive power of the Court. The creation of the law, that includes the
plea-bargaining, is in favor of the innocent victim. Therefore, only the court
has the power to go over the plea of guilty of Patricio on the possession of
drugs.
19. a. No, Amelia is not admistratively liable. Under the
Constitution, freedom of religion is enshrined and is bound to be followed by
every person covered. In this case, Fernando filed an administrative case
against Amelia for living with another man other than her husband. However, it
is in her religion that it is allowed. Freedom of religion practices can be
followed as long as it is not contrary to public order or public policy.
b. Benevolent neutrality means being neutral to religion.
20. No, the assailed provision are unconstitutional. Under the
Constitution there are reasonable warantless searches and seizures that are
acceptable. There are instances wherein a person is evidently using or holding
drugs can be considered as Evidence in Plain view or Searches of Moving
Vehicles. These arrest and searches are possible. Therefore, the following
portions of Sec. 26 does not violate searches and seizures.
Kyle Kristian Jay Geromo
2020-12-05
Livina Petralba
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 700
Email: petralbalivina@gmail.com
Class: JD-1
Teacher: Judge
Ric Bastasa
1. a) Revision. To change it to socialist from a
republican state, it needs a revision
b) Under the law, to revise the 1987
Philippine Constitution, there are two ways, it should be proposed by congress
upon a vote of three-fourths of its members and a constitutional convention.
2. (a) Mr X's non-appearance is not permissible. The
senate and not its committee has the power to compel attendance without merit.
The matters under legislation is a form f innvestigation. The ppower of inquiry
is an important auxilliary to its legislative function. A legislation
will not be effective when there is an absent of information holds to an
executive officials.
(b) Yes, Mr Y's refusal to answer oon
executive privilege is valid. Executive privilege extends from the Chief
executive down to its cabinet members. Under the law, executive privilege can
be invoked in relation to specific informationwhich are detrimental to
national security and privacy. On the case at bench, closed-door meeting can be
concluded that informations discussed are confidential, and is exempted
in divulgement.
3. (a) Yes, component 1 of the CNSS is constitutional.
Under the law, only the President can call-out for such armed forces to
prevent lawless violence and threats whenever it is necessary as the
Commander-in-Chief of the Armed Forces in the Philippines.
(b)
4. (a) No, the Ombudsman was right of not considering
Mayor X's defense. It was found that there is no legal authority to
suntain its doctrine of condonation.
(b) No, Y cannot invoke the doctrine of
condonation to excuse himself of the case file against him. He cannot
invoke since he is an appointed and not elected.
5. (a) No, curfew ordinance does not violate the primary
rightand duty of parents to rear their children. It is not an absolute
prohibition but of regulation.
(b) No, curfew ordinance does not infringe
any minor's fundamental rights because it does not inviolate their
rights. Curfew ordinance for the minor's are just preventions against juvenile
delinquency and only for their concern and safety.
6. (a) Commission on Audit
(b) Department of Environment and Natural
Resources
(c) Congress
(d) Congress
(e) President
7.
8. (a) Under the law, natural-born filipino citizens
are those citizens of the Philipines from birth and does not perform any act
foracquiring the said citizenship. While naturalized citizens are those who
performed the act of naturalization process to acquire the said citizenship.
9. (a) Yes, writ of amparo is a remedy for protection of
people with rights of right to life and security violated by the public
officials. Issuance of TRO is no longer relevant.
(b) No, the President's immunity from suit
is enjoyable only during his tenure. The case is heard after he was out from
service, and thus can be liable.
10. (a) Constitutional
(b) Constitutional
(c) Unconstitutional
(d) Unconstitutional
(e) Unconstitutional
11. PO1 Andal's contention is correct because under Section 36
of RA9165, no pperson shall be compelled to be a witness against himself and it
also violates his right to privacy.
12. No.
13. Yes.
14. (a) No, the President's act of deporting an undesirable
alien is not subject for judicial review since under the law, the former is a
sole authority of the state. Judicial review is only if there is a
political question involve or constitutionality of the law.
(b) No.
18. Yes, because plea bargaining will depend on the weight of
the illegal drugs confiscated.
19. (a) Yes, Amelia is administratively liable because she
is already marred and is not allowed to live with another man aside
from his husband even if it is allowed in their new religion. Her contention of
her new religious affiliation is inadmissible not unless they are muslims and
their relationship is recognized under PD1083.
(b) Benevolent neutrality is the combination
of neutrality and accomodationaism. On the case at bar, it is trying to
combine the religious view and the govennment law to mak the situation
justifiable or considerable.
20. It depends on how it will be conducted. Section 36 might be
unconstitutional in the sense that under the law, it violates the right to
privacy and against self-incrimination. And also, no person shall be compelled
to be a witness against himself.
Livina Petralba
2020-12-05
lovelle naquila
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 741
Writing time: 231
minutes
Email: lovellenaquila@gmail.com
Class: jd1
Teacher: Judge
Ric Bastasa
1.a. Revision. It is so because in this proposal there are only
few changes made to the new proposal.
b. Under Article V of the Constitution, To ratify amendments , 3
fourths of the state legislatures must approve them or ratifying conventions in
3/4s of the states must approve them.
5.a. Yes, because the ordinance should illustrate how the
parents guide their children.
b. Yes because it violates the rights of the minors to have
other activities besides going to church and other basic lawful errands.
7. a. Yes because according to law when it comes to appointment
it needs an approval of the Commission of Appointments.
b.Yes, because the Executive has the power in appointment.
8.a. Natural born are those who are citizens of the Philippines
from birth without having to perform any act to acquire their Philippine
citizenship. Naturalized citizen are those who applied for citizenship in
accordance with law.
b.Yes because Filipino may run whether natural born or
naturalized.
c. Yes because the Electoral Commission is the soul judge of all
contests relating to the elections, returns and qualifications
9.a. Yes it is unnecessary because she the court already issue
the said writ of amparo.
b. No, according to sec 15, The President shall be immune from
suit during his tenure. Thereafter, no suit whatsoever shall lie for official
acts done by him or by otheres pursuant to his specific orders during his
tenure.
10.a. Constitutional
b.Unconstitutional
c.Constitutional
d.Unconstitutional
e.Unconstitutional
11. P01 Adrian`s contentions are not correct because requiring
him to sumbmit a sample of his urine is not a violation against to privacy and
right against self incrimination.It is a requirement to prove if he is guilty
or not.
12. Yes because accoridng to Article XVI of the 1987
Constitution Sec 3 The State may not be sued without its consent.
13. No, because there are process needed to be done so that it
wont violate some of the rights of those person like the bill of rights sec. 1
and section 2.
14. a. The Deportation Board upon complain of any person is
authorized to conduct investigation and if found undesirable alien thereafter
to recommend to the President of the Philippines the deportation of such alien.
b. No it is not proper to claim diplomatic immunity
because those two are not desirable aliens.
15. a. It does not extend the same protection to husband
who may be battered by their wives because generally women are identified
as the weaker sex.The law is made to protect them.
b.Issuance of BPO by the barangay is valid because
delegation to Barangay has an easy access when it comes to monitoring about
that person and even contacting that person is easier.
16. a. The Philippine courts can exercise jurisdiction only to
the naval officials because according to EO 292 Chapter 3 The state shall
not be bound by the mistakes or errors of its officers or agents in exercise of
their function.
b. The United States even though is not signatory still bound to
its provisions because UNCLOS is a customary internaltional law and it is the
Law of the Sea Convention or the Law of the Sea Treaty and Philippines is a
member of that so we have the right to sue the naval officials of US.
17. a.It is an ad interim appointment because it is issued
during the recess of Cogress.
b. Yes it is correct according to section 44 The Secredtaries of
Departments shall be appointed by the President with the consent of the
Commission of Appointments.
19.a.No she is not administratively liable for she is exempted
from the law based on her fundamental right to freedom of religion.Exercising
Benevolent neutrality which protects religious realities, tradition and
established practice with a flexible reading of the principle.In this case her
Declaration of Pledging Faithfulness.
b. Benevolent neutrality combines neutrality and
accomodationaism.It suggests a preference for accommodating over inhibiting
religion.
20. c. It`s unconstitutional for violating the equal protection
clause because most of the student in secondary are still minors.
d. It is not unconstitutional as long as it will undergo correct
process.
f. It is not unconstitutional for as a person charged with
criminal offense even if it is only less than 6 yrs because that person might
be guilty with other charges especially about drugs.
lovelle naquila
2020-12-05
Marie Beth Revilla
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 999
Writing time: 222
minutes
Email: mariebeth.revilla1432@gmail.com
Class: Constitutional Law
Teacher: Judge
Ric S. Bastasa
1.)
A.This is an Amendment.
Both phrases have the same point but some of the
words are changed into different ones, but not to the point of strongly
changing the whole meaning of the said provision as oppose to being amended.
B. The congress must firstly pass a proposal of the
constitutional amendment or revision after that it will be ratified.
2.)
A. His non appearance is only permissible if there is a
representative or a letter from him with information an acceptable probable
cause of his non-appearance.
B. Executive privilege can only be used by the Executive Branch
which is the President and is not valid for Mr. Y to use in this situation.
3.)
A. No, the president is the only one allowed to sxercise the
calling out of powers under Article VII Section 18 of the constitution. He is
the only one who has the full discretion to call upon the military when it is
necessary to do so to prevent lawless violence and invasion or rebellion that
might endanger the people.
B. Yes, the power of the president to declare maryial law is not
subject to other conditions except for two which are the requirements of actual
invasion or rebellion if it requires public safety.
4.)
A. The ombudsman made a mistake in depriving the submission of
credence for the defense of Mayor X. Public officials cannot be removed due to
a misconducted action during or prior to their term.
B.
5.)
A. No, it is not violative of their rights because a law is not
made out of context it is made for the protection of the people and in this
situation for the protection of the children.The law in this case applies the
doctrine of Parens Patriae which refers to public policy of power to intervene
against the negligence of parents to a child who is in need of protection, in
this case the children that are running at the wee hours of night which is a
danger to their safety.
B. No, Minors are important in the eyes of the law therefore a
law that is passed to protect them must be followed.
6.)
A. This authority shall be vested upon the COA Commission On
Audit.
B. DENR has the power to conserve, manage, or develop and make
proper use of our country's resources.
C. The Congress shall have the authority to provide the
standardization of compensation of government officials and employees.
D. The Congress by a vote of two thirds shall have the power to
declare of state of war.
E. The president has the power to rafity treaties and
international agreements.
7.)
A.
B.
8.)
A. Natural Born is a person that came from both filipino parents
and is born in philippine land. Naturalized citizens are foreigners that become
a legal citizen in the philippines through legal process.
B. No, because you have to be a natural born filipino in order
to run for congress here in the philippines.
C.No, because according to the Supreme court the PBOC can be
procalimed as the successful one here. The proclamation of the PES is declared
void ab initio without any legal effects. The HRET did not acquire over the
qualification of X as his proclamatio was void even before.
9.)
A. Yes, filing a case to the president will be taken aside as
the president is immune from suit during his term, under the law it is done so
in order for him/her to exercise the duties and functions of running the
country's affairs free from any hindrance or distractions.
B. No, although cases filed during the presidents duty cannot
take retroactive effect even after his term.
10.)
A. Constitutional
B. Constitutional
C. Constitutional
D.Unconstitutional
E.Unconstitutional
11.)No,
because under the law if investigation must be made under R.A 9165 Drug testing
is mandatory and can never be deemed random and suspicionless.
12.) Yes,
the state can only be sued when it gives consent. If it clearly implied in the
context of the contract then it can be constituted as a consent.
13.) Yes,
because it was placed upon their possesion and sets the foreigners act as
importing the drugs in another place.
14.)
A. Yes, it will be subject to a judicial review.
B.Yes, although he is considered not susceptible to lawsuit or
prosecution under a host country's law, although they may still be expelled
which in this case what the president did deporting Aristotle as an undesirable
alien.
15.)
A. Yes, although the law is intended to protect women because
women are naturally seen as the weaker sex.
B. Yes, it is an execise of judicial power to protect whom
requested the BPO order.
16.)
A.
B.
17.)
A. It is temporary upon the time of the presidents term
therefore they will be the ones who will assist the president but can be
replaced when another president comes along.
B. Yes the heads of the executive department must be informed
and the president must have their consent in appointing heads of the executive
department.
18.)
19.)
A. NO, the state lacked compelling interest to overthrown the
clause. Everyone has the fundamental right to freedom of religion. For Amelia
to be not deemed liable nor penalizedher religion must need to be recognized by
the law as a legit religion.
B. Benevolent neutrality means of a notion that the government
can exercise this towards religion attemps to combine the ideas of neutrality
and accommodationism.
20.)
C.The supreme court has upheld the constitutionality of random
drug testing without suspicion for students who choose to participate in
school-sponsored activities.
D. All uniformed and non-uniformed personel are subject to
annual mandatory drug testing.
F. The provision is unconstitutional only without a warrant or
issue of probably cause or an oath of affirmation supported by a Judge.
Marie Beth Revilla
2020-12-05
MARIETTA RAEL
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1184
Writing time: 235
minutes
Email: ursomarietta@yahoo.com
Class: CONSTITUTIONAL
LAW I
Teacher: Judge
Ric Bastasa
1. a.) The proposed text is a revision,for it suggest
fundamental change and not just a mere correction of detail.
b.) Any amendment to or revision of the Constitution may be
proposed by 1.)The Congress with 3/4 votes from its members and 2.)
Constitutional Convention 3.)People's Initiative upon a petition of at least 12
per cent of the total number of registered voters.The Congress shall provide
for the implementation of the exercise of this right.
2. a.) No, Mr. X's non appearance is impermissible.Congress has
the inherent powers to conduct inquiries in aid of legislation and are
authorized to compel the attendance for not cooperating and obeying the rules
of law.
b.) No.Mr. Y's refusal cannot be covered as executive privilege
for the reason that it was not a confidential or classified information between
the President and the public officers. Mr Y not answering the question
could be considered as an offense of being disobedient to or disrespecful for
refusing the right of Congress to information and obstucting the work.
3. a.) No,it is unconstitutional Under the law, only the
President is vested with calling out of powers, as the Commander in Chief of
the Republic.One Executive, One Commander in Chief.It has already been
established that there is only one repository of executive powers, and that is
the President of the Republic.
b.) No, it is unconstitutional. Under the Constitution, the
President can declare martial law provided with the full knowledge and advise
from the Council. President cannot just rely on any intelligence information,as
it is to protect and secure the state and its citizen.
4.)a.) No, the Ombudsman cited the Supreme Courts Decision in
Carpio-Morales v Ca.There was already a ruling of the court with the same case
given.Doctrine of Stare Decisis.
b. No.it has already been decided citing the case of
Carpio-Morales v CA as the court follows the principles,rules, standards of its
prior decisions or decisions of higher tribunals when deciding a case with
arguably similar facts.
5.) a.No.The state's policy involving the rights of parents in
rearing their children is found under Section 12 of Article II of the 1987
Constitution. Curfew ordinances for is in consonance with the Parens Patriae
Doctrine. As parents patriae,the State has the inherent right and duty to aid parents
in the moral development of their children and assumes supporting role for
parents to fulfill their parental obligations.
b.) No,an ordinance providing curfew for minors does not
infringe their fundamental rights instead protect them not to be exposed in
potential harm especially at night.
6.) a. Commission on Audit
b. Congress
c. Congress
d. The Congress, by a vote of two-thirds of
both Houses in joint session assembled, voting separately,shall have the sole
power to declare the existence of a state of war.
e. The 1987 Constitution provides that No
treaty or international agreement shall be valid and effective unless concurred
by at least two-thirds vote of all the members of the Senate.
7.a. No. Under the law,1987 Constituiton also empowers the
President to issue appointments while Congress is not in session.Such
appointments are called ad interim appointments, and is permanent in nature and
takes effect effect immediately.
b. Yes, as a rule,if the Commission bypasses the official, the
president can re appoint the same person.
8. a.) Under 1987 Constitution, natural born citizens are those
who are citizens of the Philippines from birth without having to perform any
act acquire of perfect their Philippine citizenship while naturalized citizen
are foreigners who do not have Filipino blood but can obtain Philippine
citizenship through naturalization, which signifies the act of formally
adopting a foreigner into the political body of a nation by clothing him or her
with the privileges of a Filipino citizen.
b.) Yes,X is qualified to run for congress as long as he did
not acquired the citizenship of another country.Provided that he meets
the qualifications for holding such office as required by the 1987
Constitution.
c.Yes,the board of canvassers including the Provincial Election
Supervisor shall not proclaim any candidate as winner unless authorized by the
Commision and it is the jurisdiction of the HRET to hear the case
9.)a. No. Writ of Amparo is a remedy available to any person
whose right to life,liberty and security is violated and threatened with
violation by an unlawful act while teporary protection order refers to the
protection order issued by the court. Agnes should not be deprived of such
serious human rights.
b. No. Under the law, President's immunity from suit shall be
applicable only during his tenure.Considering that the events covered the
petition took place during his term,but given the fact that he is already a
non-sitting President, and the cases filed agains him is criminal in
character,therefore he cannot invoke immunity from suit as a defense.
10.a. Constitutional as it is the Rules of Court.
b. Uncostitutional, as the law only requires able a filipino
citizen, being of age, registered voter and the requirement of being able to
read and write.
c. Constitutional as the the President has its inherent powers
to designate or appoint with the consent of of the Commision on Appointments
d. Constituttional as it prescribes the qualifications of
The Ombudsman Act of 1989.
e. Unconstitutional. A person must be a bonafide member of such
party list befor he can be moninated to any position.
11. Yes, the nature of the crime committed by PO1 Andal is
bribery. Requiring him for a mandatory drug test can be prejudicial
question that which must precede the criminal action. Yes, it is indeed a
violation of the accused's right to privacy and right against self
incrimination as the accused was arrested not for violation of Comprehensive
dangerous Drugs Act of 2002 but was arrested of a case of bribery.
12. Yes. State immunity is a principle of international
law that is often relied on states to claim that particular court does not have
jurisdiction over it.
13. Yes, it can be admitted as an evidence against the five
foreigners. As the law provides in Article 14 in Revised Penal Code, penal laws
and those of public security and safety shall be obligatory upon all who live
or sojourn in the Phillipine territory, sepecifically means irregardles of its
nationality,age and conditions.therefore, foreigners can be held criminally
liable.
14.a. No.Under the law, the power to deport aliens is lodged in
the President and vested in the Executive by virtue of his office,
b. No. As it is stated in the law, that the State shall not be
bound by the mistakes or errors of its officers or agents in the exercise of
their fubnctions therefore Aristotle's claim claiming of diplomatic immunity is
inadmissible.
15. It is believed that the State condemns discrimination
against women in all its forms.It does not violates the equal protection clause
as it requires the equal treatment of men and women under the law.
MARIETTA RAEL
2020-12-05
Mary Choleene Bautista
Exam: midterm examination in constitutional law first year dec. 5,
2020
Word count: 1583
Writing time: 188
minutes
Email: leenebautista98@gmail.com
Class: Consti 1
Teacher: Judge
Ric Bastasa
1.
a. This is a revision of the 1987 of the Constitution because
for it to be an amendment is only when there is a correction in the words of
the law. However, what happened here is there is a revision of the
Original Text of the 1987 Constitution, because instead of just having
corrections in the words of the law, there is a fundamental change in the
interpretation of the law.
b. To revise the 1987 Constitution, there should be a
proposed new constitution either by the congress or a constitutional convention
or a petition proposed by the people of the Philippines. The said
proposed constitution will then be voted by either two-thirds of the congress
or twelve percent of the total number of registered voters in the
country.
2.
a. No, the non appearance of Mr. X is not
permissible. His refusal to appear will render him compelled under the
pain of the legislative contempt. The legislative contempt is used to
discipline officials that disrespect proceedings.
b. Yes, Mr. Y's refusal to answer based on executive
privilege is valid. Executive privilege is the power of the president or
other high-leved executive officers in the executive branch to refuse to
disclose information from the Congress, the courts and the public.
Mr. Y has the right to not disclose confindetial conversations
that had happened during a closed-door cabinet meeting. This privilege is
fundemental to the executive branch's operation is making policies or
decisions, this way the officers had the freedom to give out alternative ideas
without fearing the disagreement from the public. This priviledge is also
rooted in the separation of powers under the Constitution. Therefore, Mr.
Y's refusal to diclose any information to the congress based on executive
privilege is valid.
3.
a. Yes the Component 1 of the CNSS is contitutional.
Being the Comander-in-Chief, the president has the power to call out the
armed forced, suspending the writ of hebeas corpus and declaring martial law.
With this being said, the President has the power to call out the armed
forces of the Philippines for more effective and immediate response during a state
of emergency.
b. The component 2 of the CNSS is consitutional. The
president also has the power to declare martial law in a preemptive action and
without waiting for the recommendation of the Sevretary of National Defences
and AFP. It is one of the extraordinary powers that is granted upon the
president and he may use it during state of emergency.
4.
a.
5.
a.
6.
a. The Commission on Audit (COA) had the authority to keep
the general accounts of the Government and for such provided by law, preserve
the vouchers and other supporting documents pertaining thereto.
b. The Congress are the one who has the power to allow
small-scale utilization of natural resources by Filipino citizens, as well as
coopertive fish farming, with priority to subsistence fishermen and fishworkers
in rivers, lakes, bays, and lagoons.
c. The Congress is also the one who is authorized to
provide for the standardization of compensation of government officials and
employees.
d. The House of Representatives and the Senate, both have
the sole power to declare the existence of state of war.
e. The president has the power to ratify treaties and
international agreements.
7.
a. No, Atty. B's contention is not correct. The
president has the power to appoint ay official and such appoint is effective
until the Commission on Appointments reject it. The appointment does not
need the confirmation of the Commission on Appointments, however, the latter
may disapprove of such appointment.
b. No, if A's appointment has been rejected by the
Commission on Appointments, he can no longer be reappointed by the president
for the reason that, his appointment was already rejected and if he so, is
again reappointed by the president, such appointment will still go over the Commission
on Appointment which would render it uncessesary.
8.
a. Natural-born citizens, under the 1987 Constitution, are
those who have acquired such citizenship by birth and did not perform any act
to acquire the same. Naturalized citizen, on the other hand, are those
aliens who have undergone acts to acquire and perfect the Philippine
citizenship.
b. Yes, X is disqualified to run for Congress. X is a
naturalized citizen of the Philippines, for you to be qualified to run for the
Congress, you must be a natural born Filipino of the Philippines. Being X
is not a natural born and only a naturalized citizen, then he is not qualified
to run for Congress because being a natural born filipino is one of the
requirement for your to run for the Congress.
c. The COMELEC has jurisdiction over the said case. The
jurisdiction of the COMELEC covers any relating to the elections, and
qualifications of the elective officials. Therefore, X is wrong for
proclaiming that COMELEC has no jurisdiction over the case.
9.
a. Yes, the CA was correct. Being that the writ of
amparo is permanent then the issuance of the temporary protection order, which
is temporary, render unecessary. Both has the same qualities and is to
protect the person of Agnes. Therefore, granted a TPO after the writ of
amparo has been given, is unecessary.
b. Yes, because according to our Constitution, the
president will not be liable for whatever act that he does using his
presidential power to the extent of his term. Since he is not liable
during his term, he will also be not liable after ne finish his term being that
he was immune before.
10.
a. Constitutional
b. Constitutional
c. Constitutional
d. Unconstitutional
e. Unconstitutional
11. Yes, his contentions are correct. His acts did
not perceive as using drug and thus, the mandatory drug test under R.A. NO.
9165 is a violation of his right to privacy and right against
self-incrimination. For him to go through the mandatory drug test, it
must be seen that he was using drugs or that the people were speculating that
he is. However, in this case, he was not speculated to be using drugs,
his crime was only taking bribes from apprehended motorsist who have violated
traffic rules. Thus, using the urine test as evidence that P01 Adrian had
used drugs is a violation of his right and right against self-incrimination.
12. Yes, the Republic's motion should be granted.
Our Constitution had provided that the state cannot be sued without its consent.
In this case, Annika sued the Republic of the Philippines by its name, but is
represented by the Director of the Bureau of Plant Industry, which means she
had sued the state. However, the State had not given any implied or
express waiver of being sued by Annika. Therefore, the Republic invoking
state immunity is correct and its motion for the dismissal of the case should
be granted.
13. Yes, it can be used as evidence against the five
foreightners for the charge of illegal possession of drugs in violation of the
Comprehensice Dangerous Drugs Act of 2002. The foreigners had undergone
the mandatory search on airports.
14.
a.
15. The first ground raised by Conrado is not
correct. it has always been percieved that men are stronger than the
women and so the law making body had made such law with the intention to
protect those women who have been maltreated by their husbands. The SC agrees
that based on statistics, woman and children are the usual and most likely
victims of violence. Therefore, such law did not violate the equal
protection clause by favoring the women over men.
His second ground is also not valid. The act of the Punong
Barangay to execute a BPO to protect a women or children from violence against
man is purely executive in nature. Such BPO orders the perpetrator
to stop causing physical harm to the woman or child and to stop threatening to
cause violance against the woman and child. The punong Barangay is only
acting to comply with is duty to "maintain public order in the
barangay." Therefore, Conrado's contention regarding the BPO as a
judicial power is invalid.
16.
a. The Philippine courts has jurisdiction over another
sovereign State, including its warship and naval officials if such crime had
been committed within the territory of the Philippines.
b.
17.
a. The appointments are considered as temporary and
regular. The president has the power to appoint any official even during
when the Congress is not in session. However, such appointment will only
be effective until the Commission of Appointments rejects it or the next
adjourment of the Congress.
b. No, the claim of VAMP is not correct. There is no
need for the confirmation of the Commission on Appointments on the appointments
that the president have made, however, they have the authority to disapprove
with such appointment if the dont agree with the same.
18.
19.
a. No, Amelia is not administratively liable. Amelia
is part of a religious sect that allows members of the congregation who have
been abandoned by their respective spouses to enter marital relations under a
"Declaration of Pledging Faithfulness." Our Constitution had
gave us the Freedom of religion, and as the act that Amelia had done was
in accordance with her religion, then she has the right to execise the same.
b. the concept of benevolent neutrality is like to ensure
that our government does not treat believers or unbelievers as outsiders.
The government respects the religion so long as they are not contrary to law.
20.
Mary Choleene Bautista
2020-12-05
Meg Dianne Paler
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1678
Writing time: 230
minutes
Email: megdianne@yahoo.com
Class: Constitution 1
Teacher: Judge
Ric Bastasa
PALER, Meg Dianne C.
Constitution 1
1. A. In the case at bar, the proposal text to change in the
provision of the 1987 Constitution is a revision.
Under the law, Article 17 states that there are two ways to
change our Constitution.
1. Amendment - it is when you only change minor / certain or a
little part of the Consitution. It only affect the specific provision being
amended.
2. Revision - when you overhaul the provision
Hence, in the case given, since the proposal is to change or
shift from Republican state into Socialist state, which involves an overhaul on
the provision of the Constitution. revision affects the several provisions of
the Constitution.
This is related to the Lambino case where Lambino used the
people's initiative to change our constitution by gathering millions of
signatures, however when the Supreme Court checked their proposal, it is not
for the purpose of amending the Constitution but otherwise it is a revision, so
the mode of amending the Constitution through people's initiative is not
applicable.
1. B. The process to revise the 1987 Constitution is as
follows:
a. 3/4 vote of all members of the Congress - all members
Congress must vote and get 3/4 majority votes
b. Constitutional Convention - the Congress to constitute
an assembly and propose for revision which can be done by majority vote of all
the members of the Congress.
2. A No, X's non -apperaence is not permissable since he
is a governemtn official and hence obliged to be present as a form of judicial
courtesy.
2. B Yes, Y's refusal to answer is absed on executive previlige
provided by our constitution.
3. A Yes, its constitutional, the law provides that the
President can authorize the LGUs as reinforcement as purpose for the general
good of the country during state of emergency.
3. B Yes, its constitutional, the law provides that the
President can declare martial law as his right.
4. A.
4. B
5. A. No, the city ordinance does not violate the primary right
and duty of the parents to rear their children. Infact, the city is even
helping the parents and the minors to by protecting them from harm, refrain
from possible crimes and helping the minros realize the improtance of safty during
wee hours. the ordinance is very specific, minors which means parental guidance
is needed and wee hours 10Pm until 5AM is a time to rest alraedy so they should
be staying home.
5. B No, the ordinance does not infringe the fundamental rights
of the minors as the city is only looking for the best interest of the city to
be crime free. Moreover the ordinance also serves as protection to the minors
not to get involved in crimes and not to be exposed or influenced to criminal
acts.
6. A COA
6. B BFAR
6.C CSC
6.D President
6.E Ambassadors
7. A Atty B's contention is correct. Under the Article 9, C of
the COnstitution that the appointment of the Chairman and the Commmissins
by the Pesident with the consent of the Commission of Appointment. In the
case of A, his appointment is ad interim as Congress was in recess, however it
still allows the appointee to preform the functions and powers of the position
until rejected by the CA or until the next Congress adjournment.
7. B In the case where the Commission on Appointment is
by-passed the confirmation of A, the President can once again make an
appointment to be confirmed by the Commission on Appointments.
8.A Under the law, Art 4, Natural born is when a citizen of the
Philippines from birth without having to perform any act to acquire
citizenship. On the other hand, naturalized citizen is a foreign natinals who
became filipino citizensin accordance to the law like making an oath of
allegiance to the Philippines.
8.B Yes, X is qualified to run for Congress. As per 1987
COnstitution, Art 4, naturalized citizen is considered citizen of the
Philippines and as per COMELEC resolution, shall enjoy civil and political
rights under Philippine law and condition: shall meet the qualifications of the
public office as required by law and sowrn renunciation of any foreign
citizenship before an authorized public officer.
9. A No, the Ca was not correct. the writ of amparo was
defective as it was issued when Agnes was under appeal of force or intimidation
and must be treated null and void.
9. B No, the President's immunity from suit is only during his
tenure. once he is ousted from his office, he no longer enjoys the
immunity.
10. A. Unconstitutional. Qualifications are: natural born
citizen of Phils., registered voter, able to read and write and atleast 40
years old and must be a resident of 10 years in the Philippines before the
election.
10. B Unconstitutional. The qualifications for aspiring to
become public officials does not include the candidate to be college degree
holders. Even the highest position of the President only requires the following
qualifications under Art 7, Sec 2: natural born citizen of Phils., registered
voter, able to read and write and atleast 40 years old and must be a resident
of 10 years in the Philippines before the election.
10. C Unconstitutional. There is no case where the President can
appoint in a temporary of acting capacity under the our law, Art 9, Sec
2.
10. D Unconstitutional. Under the law, the Ombudsman Deputy of a
lawyer must have 10 years or more engaged in the practice of law in the
Philippines,
10. Nomination must be born from a bonafide member of the party
list,
11. Yes, PO1 Adrian's contention is correct that it is a
violation of his right to privacy and agaisnt self-incrimination. Such positive
result of the drug test should not be used or inadmissable against him.
The entrapment conducted to him is for the purpose of
taking bribes and not for the purpose of drug abuse.
12. Yes, it should be granted. Under Art 16, Sec3 , the State
may not be sued without its consent and thus enjoy the state
immunity.
Just like in the Vinuya case, where the "comfort
women" as victims of Japanese soldiers are trying to make Japan
liable.
Private individuals are not allowed to sue a state. It should be
state against state.
13. No, the shabu found inside te boxes is inadmissable as
evidence against the five foreigners for illegal possession of drugs in
violation of the Comprehensive Dangerous Act 2002 because, there is no correct
protocol followed by the examiner.
Although the search is not illegal as they are in the aiport, it
is a warrantless search but then examiner must follow a procedure. One is to
call the attention if who owns the bag that contains the suspected boxes with
drugs, second, the examiner must let the owner of the bag open the bags to
proceed with proper optical inspection.
In the case at bar, it was the examiner who did all the
necessary steps and just let the foreigners sign the labels with their
names.
14. A. The President shall have the power to deport an
undesirable alien subject to the requirements of due process. In the case at
bar, the criminal proceedings have not commenced.
14. B Aristotle's claim of diplomatic immunity is not proper.
ADB since created by a treaty making it immune from suit. An official diplomat
is immune from suit as long as they are serving under the scope of their work.
In his case, utterring defamatory words causing grave oral defamation is not
part of his function, so he can be sued.
15. A. The VAWC does not violate equal protection because the
VAWC was craeted due to rising violence against women showing that women and
children are the usual and most likely the victoms of violence. Unlike men,
they have the strength to defend themselves upon violence. According to the
Supreme Court, The VAWC is a protection for women and children from violence
and does not violate the protection clause.
15. The BPO is a protection order issued by the Barangay Captain
or in his absence by the Kagawad to order the husband to desist of abusing or
being violent agaisnt his family. Barangay as the basic unit of our government
is authorized to do issue BPO.
16. A No, the Philippine courts can excercise jurisdiction over
a foreign vessel in transit as long as it brings disastrous effects
in our territory. Same goes to the naval officials onboard the warship. In the
case at bar, the warship have damaged the coral reefs our marine resources,
hence the naval official will be liable for the damages. This is Territorial
issue under Article 1 of our Constitution.
16. B US could still be bound by the UN CLOS even it has not
signed the treaty. The relationship between countries are binded by
International laws and treaties which cannot be compromised.
17. DOT - Regular and temporary position
CSC - Regular and temporary position
CHR - Regular and temporary
position
Ambassador - Regular and temporary
position
All are appointed regular or during the seesion of Congress and
all are in temporary position as the president can change.
18. Yes, Patricio is correct contending that plea bargaining is
a procedural in nature and is a substantive issue which the making power is
only the Supreme COurt under our Constituion, Art 5, Sec 5. Thus the Congress
has no authority to repeal, alter, supplement rules concerning pleading,
practice and procedure.
19. A. No, Amelia is not adminsitratively liable because her
religion or faith allows her to such marital arrangement and under the law, we
are free to excercise our religion. Its in our Constituion Article 2, Sec
6.
19. B "benevolent neutrality." is a theory
believing that the government must allow the practice or excercise of religion
without any hindrance.
20. No, it is not unconstitutional. The result of the drug
test does not necessarily treat the students and employees as
criminals.
Meg Dianne Paler
2020-12-05
Nicefel Villomo
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1320
Writing time: 235
minutes
Email: Nicefelvillomo@yahoo.com
Class: Constitutional I
Teacher: Judge
Ric Bastasa
1. A. Revision- The proposed text changed the Philippines from a
republican state to a socialist state and that sovereignty resides in the party
instead of the people.
B. Any amendment to,or revision
of, this Constitution may be proposed by (1) The Congress, upon the vote of
three-fourths of all its members. And by ratification where the revision of the
constitution shall be valid when ratified by majority of the votes cast in
plebiscite which shall be held not earlier than sixty days nor later than
ninety days after the approval of such amendment or revison. (Section 1,3 and
4, Articl17)
2. A. No. Jurisprudence provides that in the exercise of
its legislative power, the Senate of the Philippines through its various Senate
Committees, can conduct inquiries or investigations in aid of legislation which
call for, interalia, the attendance of the officials and employees of the
executive department.
In this case Mr. X argued that only the Senate and
not it's committee has the power to compel attendance to legislative inquiries.
Such argument does not hold water.
B. No. Jurisprudence provides that
considering the highly exceptional nature of executive privilege, it is
essential to limit to the president the power to invoke the privilege. The
President may authorize the executive secretary to invoke the privilege on her
behalf, in which case the Executive Secretary must state that the authority
is "by order of the President" which means that he personally
consulted with her. The privilege being an extraordinary power, it must be
wielded only by the highest official in the executive hierachy.
In this case, Mr Y is simply the Secretary of
Energy. He is not allowed to invoke executive privilege.
3. A. No. only the President is authorized to exercise the
calling out of powers under Article VII Section 18 of the Constitution. He is
the only one who has the full discretion to call the military when in his
judgement it is necessary to do so in order to prevent or supress lawless
violence, invasion or rebellion. (Kaluyan v. Tan G.R. No. 197298, July 3,2012)
B. Yes. The President's power to declare martial
law is not subject to any condition except for the two (2) requirements of the
actual invasion or rebellion and that public safetyrequires it. It does not
need the recommendation of the Defense Secretary and the AFP. (Lagman v.
Medialdea, G.R. no. 231658, July 4, 2017)
4. A. Yes. the ombudsman erred in its ruling. Although the
SC in Carpio-Morales v. CA, G.R. Nos. 217126-27, November 10,2015, has
abandoned the condonation doctrine, the same however, is prospective in effect.
Hence, a public official can benefit from this doctrine if relected to office
before November 10,2015 by the same body politic electing the person.
B. No. The condonation doctrine would not apply to
appointive officials, since as to them, there is no sovereign will
disenfranchise. (Carpio-Morales v. CA, G.R. No. 2126-27, November 10, 2015,
citng Civil Service Commision v. Sojor, 577 Phil 52, 72 [2008])
5. A. No. Under the law it is the power of the state to act as
guardian for those who are unable to care for themselves, such as children, or
disabled individuals. Curfew Ordinances are restrictions designed to aid parents
in their role of promoting their child,s well being.
B. No. it does not infringe any minors
fundamnetal rights. Under the law it is not absolute. The restrictions set by
the Curfew Ordinances that apply solely likewise constitutionally permissible.
In this relation, the Court recognizes that minors so possess and enjoy
constitutional rights, but the exercise of this rights is not co-extensive as
those adults.
6. A. Commission on Audit
B.The Congress
C.The Congress
D. The Congress
E. The President
7. A. No. Atty. B' contention is incorrect. An ad interim
appoinment is a pemanent appointment because it takes effect immediately and
can no longer withdrawn by the President once the appointee has qualified into
office.
B. Yes. Subsequently renewals by the President of
ad interim appointment of comissioners of the COMELEC do not violate the
constitutional provision prescribing their reappointment (Section 1 (2),
Article IX-C) because the Commission on Appointment did not act on the said
appointments after submission by the President.
8. A. Under the constitution, Natural born are those who are
citizens of the Philippines from birth without havint to perform any act to
acquire or perfect their philippines citizenship. While Naturalized citizen are
foreigners that haven been adopted into the political body of a nation by
clothing him or her with the privileges of a citizen.
B. No. Under the law, a Member of the
Representatives should be a natural-born citizen of the Philippines.
C. No. According to the SC Provincial Board of
Canvasser (PBOC) can proclaim the winner, So here, the proclamation of X
by the Provincial Election Supervisor (PES) can be said to be void ab
initio, thus, without any legal effect. The House of the Representative
Electoral Tribunal (HRET) did not acquire jurisdiction over X's
qualification as his proclamation is void from the outset.
9. A.
B.
10. A.Constitutional
B. Unconstitutional
C. Constitutional
D. Constitutional
E.Constitutional
11. Based on the case provided PO1 Adrian's contention is
not correct. Under the Law if the investigation must be made under R.A 9165
Drug testing is mandatory and can never be deemed random and suspicionless.
12. The Republic's motion can be granted since the state
can only be sued when their is a consent,provided that is it clearly implied in
the context of the contract then it can be constituted as a consent.
13. Yes. Since it was placed upon their possession and sets the
foreigners act an importing the drugs in another place.
14. A. Yes. It will subject to a judicial review.
B. Yes. Althougnhe is considered
not susceptible to lawsuit or prosecution under a host counrty's law, they may
still be expelled. Wherein this case the Pesident deported aristotle as
undesirable alien.
15. A. Yes. Under the law the wife has the right to
protect herself as given in the Violence Against Women (VAWC) wherein the right
of a woman can be raised.
B. Yes. It is in
the exercise of the Barangay Chairman to issue the Barangay Protection
Order (BPO) since they have the Authority to release it.
16.
17. A. It will be temporary upon the time the Pesident's
term. Thus they will be the ones who will assist the president but can be
replaced when another president is being elected.
B.Yes. The headd of the department must be informed and the
Presidet must have their consent in appointing the ne elected head of the
exeutive department.
18. Yes. Patricio is correct. Based ont he case provided
there must be a due process and there must be a burden of proof.
19. A. No. given the state lacked compelling state
interest to overthrow the freedom clause. Thus, in this particular case and
under these distinct circumstances, Amelia cannot be penalized as she has made
out a case for exemption from the law based on her fundamental right to freedm
of religion. The Court recognizes that the state interest must be upheld in
order that freedoms, including religious freedom may be enjoyed.
B. Benevolent neutrality combines
neutrality and accomodationaism. From time to time, scholars and others attempt
to combine one or another approach. For example, the notion that the government
can exercise "benevolent neutrality" towars religion attempts to
combine the ideas of neutrality and accomodation.
20. Under the law it is constitutional since the provision
does not intend to criminally prosecute those found positive for illegal drugs
but to give them a chance to undergo rehabilitation. The court also said that
the privacy and dignity of the employees would not compromise during the drug
test, as trained professionals in access-controlled laboratories monitored by
the Department of Health to prevent tampering will handle this.
Nicefel Villomo
2020-12-05
Raul Ronnel Barbosa
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1053
Writing time: 203
minutes
Email: barbosaraul21@gmail.com
Class: Constitutional
Law 1
Teacher: Judge
Ric Basta
1.
a.) This is a revision. Although there is only one
provision that will be changed; jurisprudence says that: when the change will
overhaul the entire system of government, it is not anymore an ammendment but a
revision. In this case, one provision will be changed but the net effect of
that change will overhaul the entire system of governance. Therefore, it is a
revision.
b.) The revision has to be proposed by congress through voting
or a constitutional convention.
2.
a.) No. Congress has the power to put a person in
contempt.
b.) Yes. Commissions does not have contempt power.
3.
a.) Yes. As long as there is a state of emergency the
President has the power mobalize military personel and delegate
LGUs.
b.) Inorder for the President to declare martial law
there has to be a well founded belief that their imminent danger. Preemptively
declaring martial law without well founded evidence is abuse of power.
4.)
a.) No. According to recent jurisprudence, the court has
done away with the doctrine of condonation. Following the precedent stated
above, the Ombudsman did not err in dismissing Mayor X's defense.
b.) No. Y is a colloteral of X's re-election. Recent
jurisprudence says that the doctrine of condonation is no more. Therefore, Y
cannot validly raise it as a defense.
5.
a.) No. Jurisprudence says that curfew ordinances are
there to help parents in protecting their children.
b.) No. Right to travel may be impaired if national
security, public safety, or public health. Cities can enact curfew ordinances
given that they have reasonable grounds. City Z gave reasonable grounds for the
children's impairment of their right to travel given the rise of criminality.
6.
a.) Executive
b.) Executive, Legislative
c.) Legislative
d.) Legislative
e.) Senate
7.)
a.) Yes. The law is clear that no member of the
COMELEC be appointed temorarily.
b.) It is provided in the constitution that there
can be no reappointment of the chairman.
8.)
a.) Natural born citizens are those who are
citizens from birth without having to perform acts to acquire citizenship.
Naturalized citizens are those who have to do certain acts, provided by law,
inorder to acquire citizenship
b.) It is provided in the constitution that: no
person shall be a senator or congressman if he/she is not a natural-born
citizen. X is naturalized not natural-born. Hence, X is not qualified.
c.) The COMELEC has the jurisdiction to decide
cases relating to elections.
9.)
a.) No. Temporary protection order is an interim
relief if the writ of amparo has not been issued yet. The writ has to be issued
regardless of a temporary protection order.
b.) The President's immunity from suit exists
during his term in office. To remove that immunity from him, he has to be have
been impeached, dead, disabled or resigned. Given the President Amayo is no
longer in office, his immunity will not extend after his term.
10.
a.) The supreme court has that authority. It's
unconstitutional.
b.) Constitutional. Congress has the power to
provide qualifications.
c.) Constitutional
d.) Unconstitutional. The Ombudsman must have 10
years experience in practicing law.
e.) Consititutional
11. Yes. No personal shall be a witness against himself. He was
also arrested for suspected bribary not illegal drugs.
12. No. States are immnune from suit unless the state expressly
or impliedly gave its consent.
13. Yes. Under the law, penal laws apply to all of those who are
inside the country. Customs are required to do warrantless searches. The
foreigners were caught with Shabu, a dangerous drug prohibited in the country
and is penalized by the Comprehensive Dangerous Drugs Act of 2002. Therefore, they
can be charged in violation of Comprehensive Dangerous Drugs Act of 2002.
14.
a.) The power to deport is vested in the
President. Therefore, the court has no jurisdiction over it.
b.) No. In general diplomats are immune from suit.
The exception is that if that foreign agent committed acts not within his
mandated duties, then he can be sued. In the instant case, Aristotle's job is
not to hurl defamatory statements at his coworker. Therefore, his claim is
improper.
15.
a.) It does not violate equal protection clause
because there is reasonable differentiation. In general it is men who beat
women and therfore women must be protected.
b.) Invalid. Judicial power entails that BPO has
the power to judge wheather or not a person is guilty. BPO is not judicial
power but rather valid Police Power.
16.
a.) Yes. In general states cannot be sued
if the state did not give its consent.
b.) Valid. With the US a non signatory to
UN CLOS, it is not bound by its provisions
17.
a.) CHR and CSC chairmans shall enjoy 7 years in
office. The appointments under the prisdent's wing are regular.
b.) VAMP is incorrect insofar as the appointment
CHR and the CSC needs consent from the commission on appointments. The
other appointments are executive bodies directly under the
president.
18. Yes. Jurisprudence says that: the Supreme Court holds
exclusive power to promulgate rules and procudure in its proceedings. Plea
bargaining is procedural in nature. Therefore, the Supreme Court should hold
that procedural power not Congress.
19.
a.) No. Jurisprudence says that if that act
was will within her religion's practices then she should not be liable for
immoral conduct. Religious freedom is an indespensable right.
b.) Benevolant neutrality is the accomodation of
religion may be allowed so that individuals or institutions can practice their
religion without hindrance.
20.
a.) paragraph c is consitututional because it is a
valid exercise of police power and there is a reasonable classification.
Namely, students from secondary and tertiary shcools are the most likely group
to be in posession of drugs.
b.) Again it is consitutional because there is
valid exercise of police power and no volation of the equal protection
clause.
c.) Unconstitutional because why not test everyone whose
been charged with a crime? there is a violation in the equal protection clause,
insofar as only persons charged with 6 years are being tested.
Raul Ronnel Barbosa
2020-12-05
Raymund Morgia
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1266
Writing time: 268
minutes
Email: morgiaraymund@gmail.com
Class: Constitutional
Law 1
Teacher: Ric
Bastasa
1. A.
Yes, its is only an
amendment because these is no major changes what will result to an overhaul of
the Constitution.
B.
A process to revise
the constitution is trhough proposal and Ratification. Proposal shall have two
ways one is the vote of 3/4 of all members of the congress, second is
Constitutional convention.
2. A.
No, it
is not permissible and he can be signed for contemp.
B.
No, for
under the constitution and according to jurisprudence the legislative branch
has the power to inquire into the operations of government.
3.
A.
Yes, component 1
of the CNSS is constitutional because under our 1987 Constitution it is the
mandate and duty of the president to be the Commander-in-chief of the Armed
Forces of the Philippines in times of state emergency and war. And also has the
power of ordinance which grants the president to give executive issueances and
one of those is the Adminitrative order that will realate to particular aspects
of governmental operations in pursuant to his duties.
B.
Yes, component 2 of the CNSS is
constitutional because as under our 1987 constitution the president takes
control of the AFP for he is the commander-in-chief and it is right to take
action without waiting for the recommendation of the Secretary of National
defense because as this times of state emergency and time of the essence to
eradicate the enemies of the state the state must react as fast as possible
thus the president must make a decision on what information he has at the time
and with or without the recommendation of the Secretary Of National Defense.
Also the Secretary of Defense if under the office of the president so he has no
power to prevent the President he has only the power to advice and help the
president in making these decisions.
4.
A.
No, the
Ombudsman didnt err in not giving credence to the defense of condonation
because under the recent jurisprudence the Supreme Court abandons the docrtine
of condonation because it is and it may be subjected to adbuse by government
officials.
B.
No, Y cant also invoke the doctrine
of condonation even if it os not abandoned because under the doctrine of
condonation a public official that had commited a crime will be absolved by his
re-election by the people of the philippines, Y cant invoke the doctrine of
condonation because he is not an elected official, he is merely an appointed
one, thus he cant avail the doctrine of condonation even if it was not
abandoned by the Supreme Court.
5.
A.
No, they are wrong because according
to jurisprudence the right to impose cerfews is primarily with the parent and
not with the state.
B.
No, because it is also the duty of
the state as its parens patriae to protect the children.
6.
A. Commission on Audit
B. The Congress
C. The Congress
D. The Congress
E. The Senate
7.
A.
Yes, Atty, B is correct as it is
found under Article IX-C of our 1987 Constitution that in no case shall any member
be appointed or designated in a temporary or acting capacity.
B.
Yes, under our Constitution he/she
can stil be re appointed.
8.
A.
A natural-born citizen is a citizen
of the Philippines by birth without having to perform any act to acquire their
citizenship while naturalized citizen is a foreigner who came to the
philippines and through judicial act became a naturalized filipino
citizen.
B.
No, X is not qualified to run for
congress because under the 1987 Constitution, no person shall be a member of
the House of Representatives unless he is a natural-born citizen of the
Philippines which X is not, thus he is not legible to run for Congress.
C.
Yes, because under the 1987
Constitution all contest relating to the election, return, and qualifications
of their respective member shall only be judged by the House of Representative
Electoral Tribunal, thus the COMELEC doent have the jurisdiction over the
matter.
9.
A.
No, because at the time of the petition, Amoyo is
no longer the President of the Philippines thus he/she doesnt have the immunity
from suit anymore.
B.
No, the immunity from suit of the
President will only last during his tenure as the President and will cease as
soon as he is no longer the president, if the petition was made during his/her
tenure as President of the Philippines, Pres. Amoyo cant be sued.
10.
A. Unconstitutional
B. Unconstitutional
C. Unconstitutional
D. Unconstitutional
E. Unconstitutional
11.
No, because the mandatory drug test is
provided by law and must be observed and it doesnt violate his rights to
privacy and self-incrimination because the mandatory drug test is part of the
protocol when he was apprehended due to his misconduct.
12.
Yes, the motion must be granted. for
the state is immune from suit without its consent. And as a jus cogens ordinary
people cant directly sue a state, it must be sued by another state. Thus Annika
cant sue the Republic of the Philippines.
13.
Yes, the shabu found inside the bags
of the foreigners can be admitted as evidence for it was lawfully acquired by
the authorities through the port search which by law doesnt need a search
warrant to search luggage of the passengers entering a post of any kind, may it
be an airport, seaport or a landport. Thus the shabu will be an admissible
evidence.
14.
No, under the law the power of the
president to deport an undesirable alien is in the full discretion of the of
the Chief Executive which is the president and his action is final ang
executory, thus it doent need a judicial review.
15.
With regards to the equal protection clause
in one case, according to jurisprudence husbands dont need to be protected for
they can protect their own, it is the women and children who needs protection
the most for they dont have the capacity to defend themselves, thus Conrado
cant invoke the violation of the equal protection clause. with regards to the
authority of the barangay chairman Conrado is right for they dont have a
judicial power to issue that order.
16.
The Philippines can made the
US Government for they are negligent and due to this negligent damage the coral
reefs of Palawan. Even if it is not a signatory to the UNCLOS it will still be
liable for damages solely because of its negligence.
17.
A.
The appointments is still temporary
and is an interim appointee and will be determine as soon as the conformation
of the Commission on Appoinments will arrive.
B.
Yes, VAMP is correct because under
the 1987 Constitution the president shall have the power to make appointments
during the recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
18.
Yes, he is correct in one case,
according to jurisprudednce that the SC should be allowed and have the
authority to allow offenders for plea bargaining.
19.
Yes, she can still be held
administratively liable for there is a doctrine of separation of church and
state, that the action may be allowed by your sect. but in the eyes of the law
you still have commited a crime or an offense.
The concept of benevolent
neutrality allows accomodation of religion under certain circumstances.
20.
Yes, it is unconstitutional according to
jurisprudence sec. 36 was deemed unconstitutional because of being overbreadth
and overextends its scope.
Raymund Morgia
2020-12-05
Vanessa Mawile
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 1296
Writing time: 228
minutes
Email: vanessamawile04@gmail.com
Class: Constitutional
Law 1
Teacher: Judge
Ric S. Bastasa
1. a.
This is a revision to the constitution. This is so because it alters the basic
principle involved. This action affects several provisions in the constitution.
b. The
1987 constitution can be revised by the Congress upon vote of 3/4 of all its
members or by calling for a constitutional convention.
2.a. No, it is not. The law provides that inquiries may be done
by senate or by its committee.
b. Yes, Mr. Y's refusal to answer based on executive
privilege is valid. Under the law, discussions in a closed-door cabinet
meetings by a senior official of an executive department is entiled to
executive privilege. In the case at bar, Mr. Y can envoke it having Energy as
under executive department.
3.a. Yes, it is. The constitution provides for the emergency
power of the president.
b. Yes, it is. To declare a martial law is one of
the powers of the president if he finds it needed.
4.a.Yes.
b. Yes.
5. a.
No, it does not. Our constitution provides that the duty of the parents in the
rearing of the youth for civic efficiencyshall reveive the support of the
government. While the preants have the primary role of rearing his children it
should be noted that if actions concerning the child have a realtion to the
public welfare or the child's well-being, the state may act to promote such interests.
This interest can override the parents' control to their children.
b. To
some extent, yes it does. But, it is ruled in SPARK case that these are
justified by the possible harm that might be brought by some ofminor's actions,
especially during the night.
6. a.
The Commission on Audit.
b. The
DENR or Department of Environment and Natural Resources.
c. The
DBM or Department of Budget and Management.
d. The
Congress shall have the sole power to declare existence of war.
e. The
President.
7. a.
Yes. The law is very clear that the President shall appoint the commissioners
with the consent of Commission on Appointment and there shall be no temporary
or acting capacity. Thus, Atty. B's contention is correct.
b.Yes,
he can still be appointed by the President because reappointment is not allowed
only if the officer already assumed office. However if it reaches three times,
the by-pass, he cannot be reappointed anymore.
8. a. A
natural born citizen according to the 1987 Constitution is a citizen of the
Philippines from birth, who is born before January 1973, of Filipino mothers,
and who elects during election upon reaching the age of majority. Whereas, a
naturalized citizen is a citizen in accordance with the law. One has to apply
for citizenship to be naturalized.
b. No,
he is not qualified. Under the law, no person shall be a member of the House of
Representatives unless he is a natural-born citizen. In this case, X is a
naturalized citizen, not a natural-born citizen. Therefore, he cannot run for
the said position.
c. No,
it did not. It is the duty of the HRET and COMELEC to solve such issues.
9.
a.Yes, the CA is correct. Upon filing a writ of amparo, certain relief are
granted by the court. one of the reliefs is temprary protection order.
b. No.
Under the law, the President has immunity against any leagl proceedings and
they cannot be sued in any court during their term of office.The law is very
clear "during their term of office" which means that if the term of
office has already ended, then he can be sued. In the case at bar, even if the
event happened during his tenure it does not qualify as a part of the immunity
for it is not stated in the law.
10. a.
No, it is not constitutional. The law provides for definite and differing age
and years being a member of Philippine Bar. Like judges in first level, it need
not be 8 years being a member but only 5 years.
b. This is not constitutional. The law does not say that a candidate has
to be a college graduate, it only says "able to read and write."
c.No, this is not constitutional. Under the law, the president
shall appoint commisioners with the consent of commission on appointment but it
is no way that a president may designate a commissioner in an acting or
temporary capacity.
d. This is not constitutional. The law provides that in order to be
appointed as a deputy ombudsman you have to be 10 years of a judge.
e. This
is not constitutional because in order to be nominated you a have to be a
registered member of the party.
11. No,
he is not correct. The maxim "dura lex sed ex" shall apply. In this
case, the drug testing is mandatory and given that it is, it shall be followed.
The law maybe hard but its is the law.
12. No,
it should not be granted. Under the law the doctrine of state immunity can only
be applied to governmental acts and cannot be extended to commercial, private,
and propriety acts. In the case at bench, the act involved is not a
governmental acts.
13.
Yes, the shabu can be admitted as evidence. The law provides for valid warrantless
searches i.e., customs searches , moving vehicles, stop and frisk, and
plain view. In the case at bar, the event happened at NAIA which falls under
the valid warrantless searches specifically customs searches.
14. a.
Yes, it can be. Judicial review in which executive or legislative are subject
to review by the judicial department. It is to check whether they exceed their
authority or not. In this case, the president is on executive branch therefore
it could be subect for review.
15. a.
Conrado has a point in raising the issue but the women are seen as the weaker
sex thus the protection. Also, there might be no laws protecting men like that
of VAWC but there are laws which he can used like articles 19 and 20 of the
civil code. Article 19, every person must act with justice, give everyone his
due and observe honsety and good faith. Articel 20 state that, every person who
contrary to law causes damge to another shall indemnify that person. Thus, his
contention is not valid.
b.
Under the law, the barangay captains are given the authority to solve cases
that they can. Therefore, his contention has no merit.
16. a.
Their defense is valid. Under the law, warships have complete immunity from
suits of any state other than their own state.
b. It
is not valid since there is an international law governing it; that warships
have complete immunity.
17. a.
The appointment is a temporary appointment, it having no consent from the
commission on appointment.
b. Yes,
their claim is correct. The law provides that thethe president shall appoint
commissioners with the consent of the commission on appointment. The law is
very clear that the consent from the commission on appointment is necessary.
18.
Yes, he is correct. Under the law, the constituion is seen as the supreme law and
paramount law. If a law conflicts with the constitution, the constituion must
remain supreme. Thus, it shall be followed and not the special law.
19.
a.No, she is not. the constituio provides for freedom of religion and her,
living with a married man, does not affect her work.
b.
Benevolent neutrality refers to one's freedom to believe in any High Being not
subject to judicial or legislative inquiry.
20. The
assailed provisions are constitutional. The constituion provided those rights
with an addition of the phrase "except upon probable cause" and I
believe that those provisions are reasonable enough.
Vanessa Mawile
2020-12-05
Yasser Nasser Galvez
Exam: midterm examination in constitutional law first year dec.
5, 2020
Word count: 2013
Writing time: 221
minutes
Email: engrgalvez92@gmail.com
Class: JD 201 Consti
Law 1
Teacher: Judge
Ric Bastasa
1. (a) The proposed change is a revision. The change from a
republican state to one that is a socialist overhauls the system of government
and affects not just the text of the Constitutional provision on Declaration of
Principles and State Policies but also other texts dependent upon it, such
as, but not limited to, the Constitution of Government on elections,
governmental set-up and administration, and the Constitution of Liberty
specifically the Bill of Rights wherein some democratically and fundamentally
recognized rights (i.e., freedom of speech, press, etc) will be infringed upon
when a changed from a democratic set-up is done.
(b) To revise the 1987 Constitution, the process
of which may be proposed by: 1)The Congress, upon a vote of three-fourths of
all its Members; or 2) A constitutional convention called by the Congress by a
vote of two-thirds of all its Members or by a majority vote of all its Member
and submit to the electorate the question of calling such a convention.
The revision of the Constitution can only be valid
when ratified by a majority of votes casted in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the approval of
such revision.
2. (a) Mr. X's non-appearance is not permissible. Even more his
argument that the Senate, and not its committe has the power to compel
attendance is without merit. Under our laws, the Congress' power of inquiry is co-extensive
with the power to legislate. The matters which may be proper subject of
legislation and those which may be proper subject of investigation are one. In
other words, the power of inquiry is an essential appropriate auxiliary to the
legislative function. A legislative body cannot legislate wisely or effectively
absent the information in the possession of executive officials and thus,
attendance in inquiries in aid of legislation is but compulsory.
(b) Yes. Mr. Y's refusal to answer is clothed by the executive
privilege which extends from the Chief Executive and down to its cabinet
members. Under our laws, executive privilege can be and is properly
invoked in relation to specific categories of information which are
detrimental to national security and diplomatic secrets to name a few. In the
case at bar, the fact of holding a closed-door cabinet meeting can be deduced
that information tackled therein is of sensitive character and thus, exempted
from disclosure.
3. (a) Component 1 of the CNSS is unconstitutional. Under Art.
7, Section 18 of our Constitution, it is clear that only the President can
call-out such armed forces to prevent or supress lawless violence whenever it
becomes necessary being the Commander-in-Chief of all armed forces of the Philippines.
Moreover, in the case of Integrated Bar of the Philippines vs. Zamora, the
Court ruled that the calling-out powers belong solely to the President as
commander-in-chief. In the case at bar, it is clear that it contravenes the
Constitutional provision and therefore unconstitutional. It is not even
advisable to grant local chief executives such power as it may spawn warlordism
and bossism to name a few.
(b) Component 2 of the CNSS is constitutional. The
President being the commander-in-chief, can declare Martial Law given in the
case at bar, but this is without prejudice to the Congress' power to review the
sufficiency of the factual basis thereof and even the revocation of such
proclamation, if so warranted.
4. (a) No, the Ombudsman was right in not giving credence to the
defense of condonation raised by Mayor X. The Supreme Court's landmark case
decision in Carpio-Morales v. Court
of Appeals (G.R. Nos. 217126-27) serves as a legal precedent in this
case wherein it found no legal authority to sustain condonation doctrine, thus
abandoned. The Court's abandonment of the said doctrine already formed part of
the legal sytem of the Philippines and is prospective in application warrants
the dismissal of the defense by the petitioner in the herein case.
(b) No. Y cannot validly invoke the condonation doctrine to
absolve him of the charge against him. In same vein, that the condonation
doctrine is already abandoned by the Supreme Court and thus reverses its past
judicial decisions concerning the same. Also, assuming, arguendo, that the
doctrine still has legal and binding effect, it cannot be invoked by Mr. Y
because his position is not elective but appointive compared to the position of
Mayor X.
5. No, the curfew ordinance is not violative of the primary right
and duty of parents to rear their children. The State, in Section 12, Article
II of the Constitution, recognizes the sanctity of family life and shall
protect and strengthen it. In this case, it is even supportive of parents' duty
to rear. and while parents have the primary role in child-rearing, it bears
noting that when actions concerning the child's public welfare or well-being
the State may act to promote these legitimate interests. Thus, the curfew
ordinance is not violative of the parental duty of child-rearing.
(b) No, the curfew ordinance does not infringe upon any of
the minors' fundamental rights as it clothe itself with the exceptions clearly
nonviolative of the minors' right to travel, right to education, to assembly,
etc. Also, the required counseling once apprehended is in accordance with
RA9344 as amended by RA 10630 or the Juvenile Justice and Welfare Act which
stated that minors cannot be penalized but is subject to other remedies
available.
6. (a) Commission on Audit
(b) The Congress
(c) The Congress
(d) The Congress
(e) The President
7. (a) No, Atty. B's contention is not correct. While Section
1(2), Article IX-C of the Constitution expressly provides that "The
Chairman and the Commisioners shall be appointed by the President with the
consent of the Commission on Appointments xxx In no case shall any Member be
appointed or designated in a temporary or acting capacity," an ad interim
appointment only ceases to be valid when the commission explicitly rejects
the same. In the case at bar, A's discharge of duties appurtenant to his
position is immediate and valid.
(b) Yes, because a by-pass is different from rejection. When the
CA rejects an appointee, as expressly provided in the Constitution, he/she
cannot be reappointed.
8. (a) As provided by Section 2, Article IV of the 1987
Constitution, natural-born citizens
are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Also, those
born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority, provided in Section 1(3),
Article IV of the Constitution, are deemed natural-born citizens. Meanwhile,
naturalized citizens are those who lost or reacquired hilippine citizenship in
the manner provided by law.
(b) X is qualified to run for the said position because he is
natural-born,. He only lost his Filipino citizenship thereby needs the
reacquiring of such and is considered now a naturalized citizen.
(c) Yes, X's proclamation is tantamount to him being considered
a Member of the House of Representatives and thus divests the COMELEC of its
jurisdiction to decide the case and vests the House of Representatives
Electoral Tribunal (HRET) jurisdiction to hear the same.
9. (a) Yes, the CA was corrrect. A writ of amparo is already a
remedy available to any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or ommision of a
public official or employee which is the military men in this case. The
issuance of a temporary protection order is but redundant.
(b) No. As a general rule, a president's immunity from suit is
only valid during his tenure and incumbency. In the case at bar, considering
that he is the President and the Commander-in-Chief of the Armed Forces of the
Philippines means to say that he has power over the military and knows its
operations and actuations, and thus can be held liable.
10. (a) Unconstitutional. It contravenes the Court's power
particularly Section 5(6), Article VIII of the 1987 Constitution.
(b) Unconstitutional, it being unfounded in the Constitution as
included in the minimum requirement for candidates of national or local
elective offices.
(c) Unconstitutional. It contravenes Section 1(2), Artcile IX-B
of the 1987 Constitution.
(d)
(e)
11.
12. No. As a general rule, the State cannot be sued without its
consent. In the case at bar, clearly, it is the Director of the Bureau of
Plant Industry is sued in his personal capacity. This is by no means considered
under the state's immunity from suit.
13. Yes, the boxes can be admitted in evidence against the five
foreigners. Search and seizure of an illegal drug during routine airport
inspection made pursuant to aviation security procedures has been sustained by
the Court in a number of cases.
14. (a) No, as it is clearly a political move by the President.
(b) No, Aristotle's claim of diplomatic immunity is not proper
and without merit. He is maligning his colleague at work which is not an act
performed in his official capacity, thus defamation, of any national under the
Philippine territory, can still be made criminally liable.
15. (a) Conrado was wrong. He clearly violated a provision of a
statute and should be held liable under it. Arguing, that there are indeed men
battered by their housewives, is without merit and wrong for him to challenge
the constitutionality of the law on the ground of equal protection because he
is not similarly situated with other men in his allegation.
(b) There is no undue delegation of judicial power to a barangay
chairman in his issuance of a Barangay Protection Order (BPO) as this is
clearly a power to enforce and administer the laws into practical operation,
which is purely executive in nature. There is no judicial issue at hand for
such, and thus not under judicial power as provided in the Constitution.
16. (a) The Philippines cannot exercise jurisdiction over
another sovereign state, in this case, the US as in the doctrine of state
immunity under the International Law prevents it.
(b) The US, while not a signatory to UNCLOS can still be bound
by its provisions because it is a member of UN. Being such, the UN's General Assembly
declaring it as an international legally binding instrument is valid and
enforceable against the US.
17. (a) The appointments made are ad interim and shall remain valid until rejected by
the Commission on Appointments. That being said, their appointments are but
temporary pending approval by the same commission.
(b) No. Ad interim appointees can assume the functions of the
office immediately and all acts are valid. It only ceases to be valid once a
rejection from the Commission on Appointments is arrived at.
18. Yes, Patricio is correct. In a Supreme Court's decision in
Estipona case, it allowed plea-bargaining for drug cases and declares
unconstitutional Sec. 23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs
Act of 2002. Thus, under the principle of stare decisis, such decision can be
used as a legal precedent to consider Patricio's claim with merit.
19. (a) Yes, Amelia is administratively liable. Her religious
belief and practice cannot override the norms of conduct required by law for
government employees. To rule otherwise would create a dangerous precedent for
others to execute the same and use religion as defense against liability.
(b) Benevolent neutrality is the concept of combining neutrality
and accommodationism.
Here the State is required to establish that a challenged law is
justified by compelling state interest.
20. The assailed provisions are not unconstitutional. It bears
stressing the proliferation of prohibited drugs in the country that threatens
the well-being of the people, particularly the youth and school children. The
drug test prescribed in paragraphs c, d and f of Section 36 of Republic Act No.
9165, while mandatory, is a random testing and suspicionless arrangement. Also,
this is an evidence of the compelling State interest in safeguarding its
citizenry, particularly the youth from the harms of dangerous drugs; the State
is but exercising the doctrine of parens
patriae.
Yasser Nasser Galvez
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