QUIZ – 21 Sept.

2019 UDM College of Law First Year, Constitutional Law I First Semester, SY 2019
ProfLAtty. E.B. BELLEN

1. Explain the meaning of the following:

(a) par in parem non habet imperium;

The principle that a State cannot be sued in the courts of a foreign state is a long-standing rule of
customary international law then closely identified with the personal immunity of a foreign sovereign
from suit.

(b) Constitutional Law;

It is defined as the branch of public law which deals with constitution: their nature, formation,
amendment, and interpretation. It is also the law embodied in the Constitution as well as the
principles growing out of the interpretation and application made by the courts, specifically the
Supreme Court

(c) State;

A community of persons more or less numerous, permanently occupying a definite portion of territory,
independent of external control, and possessing an organized government to which the great body of
its inhabitants render habitual obedience

(d) archipelago

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

e) parens patriae (. (15 points)

means father of the country. This doctrine has been defined as the inherent power and authority of
the state to provide

2. State and explain the three essential parts of a written constitution, particularly with reference to the
Philippine Constitution. (10 points)

[Link] of Liberty. Sets forth the fundamental civil and political rights of the citizen.

[Link] of government. Outlines the organization of the government enumerating its power to
certain rule.

[Link] of sovereignty. Contains the provisions on how to amend and to revise our constitution
3. Which of the following does not belong to the group, and why? (5 points)

a. Verba legis

Whenever possible, the words used in the CONSTITUTION must be given in their ordinary meaning
except where technical terms are employed Constitution is not primarily a LAWYER’S document It
being essential for the rule of law to obtain that it should be presented in the PEOPLE’S
CONSCIOUSNESS

b. Ut magis valeat quam pereat

The Constitution is to be interpreted as a whole

c. Potestas delegata non delegari potest

A principle in constitutional and administrative law that means in Latin that

d. Ratio legis et anima

The words of the constitution should be interpreted in accordance with the intent of the framers If
there’s an ambiguity return to framer’s intention

4. State whether you agree or not to each of the following statements. Preface your answer with either
“I agree” or “I don’t agree”, and Discuss your reason/s. (3 points each)

A person who believes that firing a gun is against his conscience may send someone in his behalf, when
the government requires that all able-bodied Filipino citizens render military service.

I Agree based on ARTICLE I NATIONAL DEFENSE POLICY Section 2. The national defense policy of the
Philippines shall be as follows: (a) The preservation of the State is the obligation of every citizen. The
security of the Philippines and the freedom, independence, and perpetual neutrality of the Philippine
Republic shall be guaranteed by the employment of all citizens,without distinction of age or sex, and
all resources, and ARTICLE II EMPLOYMENT OF PERSONS AND RESOURCES Section 3. Military service
shall be obligatory for all citizens of the Philippines, and the methods and procedure for the classification,
selection, examination, induction, training, and release of all citizens from their military obligations shall
be as prescribed in Title III of this Act.
The Preamble of the 1987 Constitution serves no purpose at all and in the interpretation of the
Constitution it has no use.

From Latin “preambulare” which means “to walk before”. It is an introduction to the main subject. It is
the prologue of the Constitution purpose and value Sets down the origin and purposes of the
constitution. May serve as an aid in its interpretation. The preamble has no legal implications

In the Philippines, the constituent functions of government are more important and given more
attention than its ministrant functions.

These functions are two-fold, constituent and ministrant: the former constitutes the very bonds of
society and are compulsory in nature; the latter the those that are undertaken only by way of
advancing the general interest of society, and are merely optional he constituent functions as; The
keeping of order and providing for the protection of persons and property from violence and robbery,
the fixing of the legal relations between man and wife and between parents and children, the
regulation of the holding, transmission, and interchange of property, and determination of its
liabilities for debt or crime, determination of contract rights between individuals, the definition and
punishment of crimes, administration of justice in civil cases, determination of the political duties,
privileges, and relations of citizen and dealings of the state with foreign powers; the preservation of
the state from external danger or encroachment and the advancement of its international interests.
While the most important of the ministrant functions are: public works, public education, public
charity, health and safety regulations, and regulations of trade and industry

Separation of powers simply means that the judiciary may apply the law but may not enact it; the
Congress or legislative branch may enact the law and enforce it but may not apply the same; and that
the Executive branch may implement and interpret the laws.

Each branch of government can change acts of the other branches as The President can veto laws
passed by Congress and Congress confirms or rejects the President's appointments and can remove the
President from office in exceptional circumstances while The Justices of the Supreme Court, who can
overturn unconstitutional laws, are appointed by the President and confirmed by the Senate. The
Philippine government seeks to act in the best interests of its citizens through this system of checks
and balances.
The Constitution makes it clear that in the Philippines it is only in Congress where legislative power is
vested.

Article VI, The legislative Department Section 1. The legislative power shall be vested in the Congress
of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.

Congress may not exercise powers considered non-legislative.

Non Legislative powers of the congress Include the abilities to amend the constitution, approve
presidential appointments, investigate matters that interfere with or impede its legislative duties,
impeach officials, and choose a president if no majority winner emerges as the result of an election

A City already comprising one legislative district is no longer or is not yet entitled to another or second
legislative district even if its population has already reached 489,000 six years after its creation as a city.

Legislative districts representing a particular geographical area each composed of about 250,000
people another or second legislative district were added through laws enacted by Congress

The appointment of former Senator Gregorio as Secretary of the Department of Housing is

Constitutional issue: Article 6, Section 13 of the 1987 Constitution prohibits a senator or congressman
from being appointed "to any office which may have been created during the term for which he was
elected."

A lawyer-Senator who, in a speech delivered during a session of the Senate, called all Supreme Court
Justices as idiots and the Chief Justice as clown, may be disbarred or removed as a lawyer.

Being part of privilege speech as a member of Congress, were covered by the constitutional provision
on parliamentary immunity. Privilege speech is not actionable criminally or in a disciplinary
proceeding under the Rules of Court, Lawyers may be disciplined even for any conduct committed in
their private capacity, as long as their misconduct reflects their want of probity or good demeanor,15 a
good character being an essential qualification for the admission to the practice of law and for
continuance of such privilege
5. Distinguish:

Suability and liability of states;

When the state gives its consent to be sued, it does not thereby necessarily consent to an unrestrained
execution against it. When the State waives its immunity, all it does in effect is to give the other party
an opportunity to prove, if it can that the state has a liability.

nation and state;

A Nation refers to a group of people who feel bound into a single body by shared culture, values,
folkways, religion and or language. A State just refers to a patch of land with
a sovereign government. States often coincide with nations and are called "nation-states,

(c) government and administration;

(d) de jure and de facto governments; and

(e) legal and political sovereignty. (10 points)

6. Multiple choice question:

Which of the following is not an element of the state: (5 points) (Explain why the choice was preferred)
Note: it’s possible that there can be more than one correct answer.

a. territory

b. government

c. people

d. sovereignty

e. independence

f. degree of civilization

The independence and degree of civilization are not the element of the state

7. What is a self-executing provision of the Constitution? State and explain at least two rules in the
interpretation or construction of a constitutional provision. (10 pts.)

A constitutional provision is self-executing when it can be given effect without the aid of legislation,
and there is nothing to indicate that legislation is intended to make it operative. For example, a
constitutional provision that any municipality by vote of four-sevenths of its qualified electors may
issue and sell revenue bonds in order to pay for the cost of purchasing a municipally owned public
utility is self-executing and effective without a legislative enactment

8. A and C, brothers of B, the presiding bishop in the Church of Faithful Adherents issued a press
statement which alleged that they were abducted by armed church leaders and brought to a forested
area and tied on a tree for three days until they were rescued by a Forester. They alleged that they were
kidnapped because they expressed displeasure over how their leaders had prevented them access to
the church’s financial records. A day after the press statement was read over several radio and television
stations, the governing council of the church declared that the bishop’s brothers were excommunicated
from the church. The concerned siblings went to court and filed a case for kidnapping against their
brother and the church leaders responsible for the abduction and for civil damages for unduly
excommunicating them from the Church. B moved for the dismissal of the case, invoking the principle of
separation of church and state, and freedom of religion, and arguing that the Court has no jurisdiction
over the criminal and the civil cases considering that said cases involved matters purely internal to their
church. If you were the Judge how would you rule on the motion to dismiss? Explain with reasons. (10)

The separation of Church and State shall be inviolable. Article II, Section 6

9. In connection with the suspension from office of Members of Congress, explain the difference
between the suspension contemplated in the Constitution from the suspension prescribed in Republic
Act 3019 or the Anti Graft and Corrupt Practices Act. (5)

Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress
during the term for which he has been elected, to acquire or receive any personal pecuniary interest in
any specific business enterprise which will be directly and particularly favored or benefited by any law
or resolution authored by him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in
Congress of the enactment or adoption of any law or resolution, and acquires or receives any such
interest during his incumbency. It shall likewise be unlawful for such member of Congress or other
public officer, who, having such interest prior to the approval of such law or resolution authored or
recommended by him, continues for thirty days after such approval to retain such interest.

ELFVIN SIRIBAN