Constitutional Law I.long Quiz

MA. VIDIA B. LARGO CONSTITUTIONAL LAW I  Long Quiz No. 1  Part 1  A. True or False  Tell whether the following statements are true or false. (2 points each item)  1. The preamble of the 1987 Philippine Constitution confers rights and imposes duties. TRUE 2. Suability of the state is equated with outright liability. FALSE 3. A constitution is binding only within the territorial limits of the sovereign  promulgating it. FALSE 4. All principles and state policies provided under Article II of the 1987 Philippine  Constitution are self-executing. FALSE 5. Calling the family a basic social institution is an assertion that the family is  anterior to the state and is not a creature of the state. FALSE B. Multiple Choice  Choose the letter of the correct answer. (2 points each item)  1. It is the most pervasive, the least limitable, and the most demanding of the  three inherent powers of the state.  a. Police power c. Power of taxation  b. Power of eminent domain d. Sovereignty  ANSWER: a. Police power 2. This is a system of initiative which refers to a petition proposing to enact a national legislation.  a. Initiative on the constitution c. Initiative on local legislation  b. Initiative on statutes d. Referendum  ANSWER: b. Initiative on statutes 3. It is the date of effectivity of the 1987 constitution.  a. February 3, 1987 c. February 1, 1987  b. February 4, 1987 d. February 2, 1987  ANSWER: d. February 2, 1987 

4. This is a classification of constitution that consists of rules which have not been integrated into a single, concrete form but are scattered in various  sources, such as statutes of fundamental character, judicial decisions,  commentaries of publicists, customs and traditions, and certain common law  principles.  a. Cumulative constitution c. Conventional constitution  b. Unwritten constitution d. Written constitution  ANSWER: b. Unwritten constitution 5. The constitution is the basic and paramount law of the land which means that a. It is supreme over all laws.  b. It is supreme over all laws but not over the Supreme Court decisions. c. It is supreme over all laws but is subordinate to treaties and  international laws.  d. During martial law, it is subordinate to the laws issued by the martial  law administrator  ANSWER: a. It is supreme over all laws 6. The following are characteristics of sovereignty, except  a. Supreme power of the state to govern  b. Permanent, alienable and prescriptible  c. Legal or political  d. Internal or external ANSWER: c. Legal or political 

7. It is defined as the study of the maintenance of the proper balance between  authority and liberty.  a. Political law c. Election law  b. Constitutional law d. Administrative law  ANSWER: b. Constitutional law 8. The police power of the state is based on the Latin maxim.  a. Par in parem non habet imperium  b. Salus populi est suprema lex  c. Pacta sunct servanda 

d. Rebus sic stantibus.  ANSWER: b. Salus populi est suprema lex 

9. In case of doubt on the intendment of its framers, the provisions of the  constitution should be interpreted as  a. Self-executing rather than non-self-executing  b. Directory rather than mandatory  c. Retrospective rather than prospective  d. Progressive rather than petrified.  ANSWER: b. Directory rather than mandatory 

10.Which of the following characteristics is not an essential quality of a written constitution?  a. ambiguous c. brief  b. broad d. definite  ANSWER: a. ambiguous

Part 2  Answer the following questions clearly and concisely. A mere yes or no will not merit any consideration.   I  The City of Cebu filed an expropriation proceeding against X for the purpose of  converting his private property into road. The trial court ordered expropriations and  ordered Cebu to pay just compensation. As Cebu City refused to pay, X sued Cebu  City at the RTC Cebu to collect payment. May the City of Cebu invoke immunity from  suit? Why? (10 points)  ANSWER: The right of the government to obtain private land for public purposes is known as eminent domain, and this right derives from constitutions and related laws. The power of

eminent domain allows the government to take private property for public purposes only if the government provides fair compensation to the property owner. In the case of X vs City of Cebu, the latter has no immunity from the suit because it did not provide fair compensation to the property owner.

II  a. Explain the Archipelago Doctrine. (5 points)  ANSWER: The Archipelagic Doctrine is a specification in the Filipino Constitution of 1973 defining the boundaries of the country. It stated: "The national territory comprises the Philippine archipelago with all the islands and waters embraced therein and all the other territories belonging to the Philippines..." The fact that for Archipelagic States, their archipelagic waters are subject to both the right of innocent passage and sea lanes passage does not place them in lesser footing to the right of innocent passage and the right to transit passage through international straits. b. Differentiate the two functions of government. (5 points)  ANSWER: The functions of the government may be classified into constituent and ministrant  functions. Constituents are the compulsory functions which constitute the very bonds of society, while the ministrant functions are the optional functions of government  intended for achieving a better life for the community. 

III  a. Discuss the purpose of adopting a constitution. (5 points)  ANSWER: A country is run by the government, judicial bodies, its people, and most importantly by the Constitution. The constitution serves as the backbone of the country. Without it, the Law and Jurisdiction will not hold up and fall apart in no

time, but they are meant to stand strong. The constitution is the fundamental regulations to maintain peace and order.

b. Does Section 8, Article II of the 1987 Constitution declare a ban on all nuclearcapable vessels within our territory? Explain your answer. (5 points) ANSWER: The provision is not a ban of all “nuclear-capable vessels.” For a vessel to be banned, it is not enough that it is capable of carrying nuclear arms; it must actually carry nuclear arms which is the use and stockpiling of nuclear weapons, devices, and parts thereof.

IV  Congressman Emmanuel “Manny” Pacquiao authored a bill called House Bill No.  0001 which legalizes jueteng. When House Bill No. 0001 became a law (Republic Act  No. 10101), Fr. Joaquin Bernas, a priest and professor of law, filed a petition seeking for  the nullification of the law on the ground that it is unconstitutional as it violates Section  13, Article II, of the 1987 Philippine constitution which states that “The State recognizes  the vital role of the youth in nation-building and shall promote and protect their physical,  moral, spiritual, intellectual and social well-being.” Fr. Bernas filed the petition as  concerned citizen and as taxpayer. Does Fr. Bernas have locus standi? Explain your  answer. (10 points)  ANSWER: Jueteng is considered an illegal form of gambling in the Philippines. However, likely Jueteng games will never stop due to their popularity across all social and economic classes. Low levels of gambling might seem safe for older children and teenagers, and some teenagers who are trying out new experiences do gamble. But gambling in childhood increases the risk of gambling problems in adulthood. Problem gambling is harmful to psychological and physical health. People dealing with this addiction can suffer from depression, migraine, distress, intestinal disorders and other anxiety related. If the jueteng legalizes, it will be very accessible to the youth and easier for them to get hooked. This will be a clear violation of Section  13, Article II, of the 1987 Philippine constitution which states that “The State recognizes  the vital role of the youth in nation-building and shall promote and protect their physical,  moral, spiritual, intellectual and social well-being”,

because gambling as mentioned can cause deterioration of physical health and even moral, spiritual, intellectual and social well-being.

V  a. Is the right to bear arms a constitutional right in the Philippines? Explain your  answer. (5 points)  ANSWER: NO. The right to bear arms is not a constitutional right in the Philippines. In our country, the right to protect oneself exists, but as all rights have limitation, our forefathers have determined a constitution that does not give a right to bear arms to it’s citizens. Firearm ownership and carrying is only a privileges and the seeker must submit certain requirements to apply for a permit. Since 1907 various laws have been enacted to regulate the ownership and use of firearms. The first law was Act No. 1780, which was titled as "An Act to Regulate the Importation, Acquisition, Possession and Transfer of Firearms and to Prohibit the Possession of Same Except in Compliance with the Provisions of this Act." Banning a constitutionally protected thing because some people will misuse it.

b. Enumerate the manifestations of the fact that the Philippines is a democratic  and republican state. (5 points)  ANSWER: 1. 2. 3. 4. 5. 6. 7.

Ours is a government of laws and not of men. Rule of the majority Accountability of public officials Bill of rights Legislature cannot pass irrepealable laws. Separation of powers Delegation of powers

VI  a. What comprises the Philippine territory? (5 points)  ANSWER: The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction consisting of its terrestrial, fluvial and shelves, and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. 

b. Section 10, Article II of the 1987 Philippine Constitution provides that “The  State shall promote social justice in all phases of national development.”  Discuss social justice. (5 points)  ANSWER: Social Justice means those who have less in life should have more in law. In the case of Calalang vs. Williams it was stated that social justice is neither despotism, nor communism, nor atomism, nor anarchy, but the humanization of laws and equalization of social and economic forces by the State so that justice in its rational and objective conceptualization may at  least be approximated. Social justice issues can occur in relation to practically any aspect of society where inequality can arise as a result of unjust prejudices or policies.

Write the Preamble of the 1987 Philippine Constitution. (10points) ANSWER:

PREAMBLE WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND HUMANE SOCIETY AND ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS AND ASPIRATIONS, PROMOTE THE COMMON GOOD, CONSERVE AND DEVELOP OUR PATRIMONY, AND SECURE TO OURSELVES AND OUR POSTERITY THE BLESSINGS OF INDEPENDENCE AND DEMOCRACY UNDER THE RULE OF LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM, LOVE, EQUALITY AND PEACE, DO ORDAIN AND PROMULGATE THIS CONSTITUTION.  GOODLUCK