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Advance Political Science

This document contains 10 questions and answers related to political science and constitutional law in the Philippines. It addresses issues like the separation of powers between branches of government, rights during arrest, restrictions on government officials' discretionary spending, rights of public employees to strike, and other legal topics. The responses provide concise legal analysis and reasoning for each issue.

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Dherry's Jhean Batara Balisi
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62 views3 pages

Advance Political Science

This document contains 10 questions and answers related to political science and constitutional law in the Philippines. It addresses issues like the separation of powers between branches of government, rights during arrest, restrictions on government officials' discretionary spending, rights of public employees to strike, and other legal topics. The responses provide concise legal analysis and reasoning for each issue.

Uploaded by

Dherry's Jhean Batara Balisi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ADVANCE POLITICAL SCIENCE

1. Congressman X filed a bill the purpose is to limit the power of the Supreme
Court in deciding cases. Should this Bill become a law, would this law be valid?
(10 pts.)
Answer: No, only through ammendment of constitution. Supreme Court is a
co equal of Congress.
2. Imelda ran for House of Representatives. A disqualification case was filed
against her on account of her residence. The case was not resolved before the
election. Imelda won the election. However, she was not proclaimed. Imelda now
questions the COMELEC.
Answer :Yes, Comelec has the sole responsibility to declare and disapproved
appointments even by elected officials. Should Imelda be found guilty,any
pecuniary liability by court will be enforced:
3.Tawi‐Tawi is a predominantly Muslim province. The Governor, the Vice ‐
Governor, and members of its Sangguniang Panlalawigan are all Muslims. Its
budget provides the Governor with a certain amount as his discretionary funds.
Recently, however, the Sangguniang Panlalawigan passed a resolution
appropriating P100,000 as a special discretionary fund of the Governor, to be spent
by him in leading a pilgrimage of his provincemates to Mecca, Saudi Arabia,
Islam's holiest city.
Answer: No appropriations shall be made in one's interest.
4.Philippine Constitution Association, on constitutional grounds, has filed suit to
nullify the resolution of the Sangguniang Panlalawigan giving the special
discretionary fund to the Governor for the stated purpose. How would you decide
the case? Give your reasons. (10 points)
Answer: All branches of the government are co equals. They exercise check
and balance between them.
5.Which of the three branches of government is more powerful? Explain.
(10points)
The Secretary of Labor and Employment is given authority to issue orders of
arrest, search and seizure. Is this constitutional? (10 pts.)
Answer: Only a competent court can issue warrant of arrest and search
warrant.
6. Where the policemen saw the victim dead at the hospital and when they
inspected the crime scene, they found the instruments of death — and the
eyewitnesses reported the happening and pointed to X as one of the killers, the
warrantless arrest of X only three hours after the killing. Was the arrest valid?
(10pts.)
Answer :The arrest is invalid
In order that warrantless arrest be properly availed of, in case wherein an
offence has just been commiteed, the arresting officer must have a probable
cause to believe based on PERSONAL KNOWLEDGE of facts or
cirsumstances that the person to be arrested has in fact committed it.

In here, the police officer had no personal knowledge of the fact and
circumstances that the person he arrested(X) was in fact committed the crime,
such knowledge came to him only by the testimomies of those witnesses who
witnessed that x killed the deceased when he personally went to the hospital.
By that, relying in the testimonies of the witness he arrested x.

Hence, such arrest without personal knowledge of the fact and circumstances
rendered the arrest unlawful/invalid.
7. Is the Comelec’s resolution prohibiting the posting of decals and stickers in
mobile units like cars and other moving vehicles constitutional for infringement?
(10pts.)
Answer: No,not all decals and stickers are unconstitutional.

8. Inday, a maid of Indoy wanted to transfer to another residence. Indoy did not
want Inday to transfer her residence because Inday had not yet paid the amount she
advanced for her transportation from the province. What right of Inday was
violated? (10pts.)
Answer:The right of Inday to travel and liberty.And she cannot be deprived
without due process of law and compelling grounds.
9. Public school teachers have the right to form unions. They wanted to increase
their monthly salary. They stage strike to enforce their economic demands. Can the
public school teachers validly strike? (10pts.)
Answer: Right to form union is constitutional, however, strike is an illegal
action against laws by the civil service.

10. What are the rights of a person under custodial investigation?


Answer: The constitution remains in effect even it times of emergency, such as
during Martial Law.This means that rights during arrest or detention remain
in place. The 1987 Constitution guarantees that no one should be deprived of
life, liberty and property without due process of law.
As long as a citizen abides the law,he or she should not in trouble.
Article III, Section 12 of the 1987 Constitution (also known as the Bill of
Rights) states that any person under investigation for the commission of a
crime or offense "shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of his own
choice."
The right to remain silent is emphasized because any statement you give can
be used against you in court.

Submitted by:
Rachelle C. Binayug

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