WESTERN MINDANAO STATE UNIVERSITY

COLLEGE OF LAW

Zamboanga City

CONSTITUTIONAL LAW REVIEW

1 ST SEMESTER, SY 2021-2022

MIDTERM

INSTRUCTION: Answer the following questions in the manner indicated. In multiple choice questions,
write the

letter of the correct answer. Erasures in the true or false and multiple choice questions will invalidate
your answer.

(PASSING SCORE: 80%).

I – OBJECTIVE TYPE

1. It is the basic and paramount law to which all other laws must conform and to which all persons
including

the highest officials of the land must defer. A) Political Law; B) Customs and Traditions; C) Divine Law;

D) Constitution

2. Distinguish state from nation.

A state is a legal concept, while nation is only a racial or ethnic concept.
3. TRUE OR FALSE: The people must come from both sexes to be able to perpetuate themselves.

4. TRUE OR FALSE: The archipelago doctrine considers a group of islands as one integrated whole by

connecting the outermost points with straight baselines with all the waters enclosed thereby as internal

waters.

5. TRUE OR FALSE: The territorial sea extends 200 nautical miles from the baselines. 12 nautical miles

6. TRUE OR FALSE: Government is the agency or instrumentality through which the will of the State is

formulated, expressed and realized.

7. Is the supreme and uncontrollable power inherent in a state by which that State is governed.

A) Independence; B) Rule of majority; C) Sovereignty; D) Mandate

8. TRUE OR FALSE: The State may be sued if it gives consent.

9. TRUE OR FALSE: Implied consent of the State to be sued is given through a general law or special law.

The State's consent may be given either expressly or impliedly. Express consent may be made
through a general law or a special law. Implied consent, on the other hand, is conceded when
the State itself commences litigation, thus opening itself to a counterclaim or when it
enters into a contract

10. TRUE OR FALSE: Waiver of immunity by the State does not mean concession of its liability.

11. A ___________________ is a representative government, a government run by and for the people.

A) Democracy; B) Republic; C) Royalty; D) People Power

12. TRUE OR FALSE: The duty to defend the State imposed upon all citizens, including women, allows the
hiring by the rich of “mercenaries” or professional soldiers to take their place.

13. The adoption of the generally accepted principles of international law as part of the law of the land.

A) Pacta Sunt Servanda; B) Doctrine of Incorporation; C) Amity among nations; D) Doctrine of Jus

Postliminium

14. Explain the separation of the Church and State doctrine.

The principle of Church-State separation in the Philippines does not strictly

prevent the Church from engaging the State, and vice-versa. The observance of the
principle should not be construed as a prohibition of state actors to act on public
policies that might encroach upon certain religious beliefs nor should it be
construed as a prohibition on religious organizations to shape public opinion and
express their moral positions on executive policy and legislative issues.

15. The theory that the grant of an express power carries with it all other powers that may be
reasonably

inferred from it. A) Blending of powers; B) Doctrine of implication; C) Apparent Authority; D) Check and

Balance

16. Distinguish political question from justiciable question.

. Justiciable questions imply a given right legally demandable and enforceable, an

act or omission violative of such right, and a remedy granted and sanctioned by
law for said breach of right. While Political questions involves the policy or the
wisdom of law or acts, or the morality or the efficacy of the same. Generally, it
cannot be inquired by the courts.

17. TRUE OR FALSE: An emergency does not automatically confer emergency powers to the President.

18. Distinguish referendum from plebiscite.

According to the Initiative and Referendum Act, a referendum is "the power of the electorate to
approve or reject a legislation through an election called for the purpose." A plebiscite, on the
other hand, is "the electoral process by which an initiative on the Constitution is approved or
rejected by the people."

19. With this power, administrative bodies may implement the broad policies laid down in a statute by
“filling

in” the details which the Congress may not have the opportunity or competence to provide. A) Power of

subordinate legislation; B) Power to implement the law; C) Power of general supervision; D) Inherent
power

What are the two (2) parliamentary immunities enjoyed by the members of Congress?

20. Privilege or Immunity from arrest

21. Privilege of speech and debate.
22. Distinguish incompatible and forbidden offices for members of Congress.

Incompatible office may not hold any other office or employment in the
Government, during his term without forfeiting his seat while forbidden office,
cannot be appointed to any office which have been created, or the emoluments
thereof increased during the term for which he was elected.

23. ___________________ is the sole judge of all contests relating to the election, returns, and
qualifications of the respective members of Congress.

A) PET; B) Supreme Court; C) Comelec; D) SET/HRET

24. Distinguish a bill from statute.

.A bill is a draft law and has no force and effect and is not binding upon the
citizens while a statute is the enactment of such bill and has a force and effect such
it is binding upon the citizens.

25. TRUE OR FALSE: The power to make laws excludes the power to alter or repeal them.
The Legislative branch is authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress.

26. TRUE OR FALSE: It is essential to the validity of an appropriation that it be devoted to a private
purpose.

27. The exception to the requirements of three (3) readings on separate days and the distribution of
final copies of the bill before its passage. A) Certified urgent by the President; B) Rebellion; C) Invasion;
D) War

28. TRUE OR FALSE: Designation is the imposition of additional duties on a person already in the public
service and may be replaced anytime.

29. Distinguish regular from ad interim appointment.

Regular appointment is made when congress is in session while ad interim is made

when congress in not in session.
30. The power to alter or modify or nullify or set aside what a subordinate officer has done in the
performance

of his duties and to substitute the judgment of the former for that of the latter. A) Supervision; B)
Control;

C) Administration; D) Authority

31. YES OR NO: Can the President refuse to enforce a law which he personally thinks and believes to be
illegal and unconstitutional?

32. TRUE OR FALSE: Pardon requires concurrence of Congress.

Pardon is granted by the Chief Executive and as such it is a private act which must be
pleaded and proved by the person pardoned, because the courts take no notice thereof;
while amnesty by Proclamation of the Chief Executive with the concurrence of
Congress, and it is a public act of which the courts should take judicial notice.

33. Explain what is appropriation sub-rosa?

Sub rosa appropriation is an appropriation done in secret wherein the public is

unable to ascertain the purposes and exact amounts of the outlay of the operations
of the Congress and the allowances of its members because these were agreed upon
among themselves.

34. TRUE OR FALSE: From the moment the law becomes effective, any provision of law that empowers
Congress

From the moment the law becomes effective, any provision of law that empowers Congress or
any of its members to play any role in the implementation or enforcement of the law violates
the principle of separation of powers and is thus unconstitutional.

or any of its members to play any role in the implementation or enforcement of the law is constitutional.

35. TRUE OR FALSE: The Vice President is eligible for the position of member of the Cabinet and when
appointed needs confirmation by the CA.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment

requires no confirmation.

36. The right of the President and high-level executive branch officers to withhold information from
Congress, the courts and the public. A) Subjudice; B) Right against self-discrimination; C) Executive
privilege;

D) National security

37. It is a high prerogative in common law of ancient origin, the great object of which is the liberation of
those who may be in prison without sufficient cause. A) Writ of amparo; B) Writ of kalikasan; C) Writ of
habeas corpus; D) Writ of execution.

38. TRUE OR FALSE: The grounds for the suspension of the privilege of the writ of habeas corpus and the

proclamation of martial law are now limited only to invasion or rebellion, when the public safely
requires it.

39. TRUE OR FALSE: A member of the judiciary must be a person of proven competence, integrity,
probity and independence.
40. ______________ is the authority by which courts take cognizance of and decide cases, the legal right
by which judges exercise their authority. A) Jurisdiction; B) Power; C) Review; D) Appeal.

41. TRUE OR FALSE: Appointments in the Judiciary need confirmation by the Commission on
Appointments in Congress.

The appointments of all judges and the Ombudsman need not be confirmed by the
Commission on Appointments. Instead, they are recommended by the Judicial and Bar
Council in a short list, from which the President shall then choose from.

42. TRUE OR FALSE: The Supreme Court is composed of a Chief Justice and eleven (11) Associate
Justices.

Supreme Court is composed of a chief Justice and 14 associate justices who serve until
the age of 70. The court may sit en banc or in one of its three divisions composed of five
members each.

43. TRUE OR FALSE: Courts are passive instruments that can act only act when their jurisdiction is
invoked.

44. YES OR NO: Are courts allowed to render an opinion advising what the law would be upon a
hypothetical state of facts?

45. A __________________________ is one who has sustained or is in immediate danger of sustaining

an injury

as a result of the act complained of. A) Adverse Party; B)Taxpayer; C) Proper Party; D) Anybody.

46. TRUE OR FALSE: If the constitutional question is not raised in the pleading, it cannot be considered at
the trial; and if not considered at the trial, it cannot be considered on appeal.

State the two (2) conditions that must concur in order that a declaration of partial unconstitutionality of
a

law is valid:

47. That the legislative is willing to retain the valid portions even if the rest of the
statute is declared illegal.
48. That the valid portion can stand independently as a separate statute.

49. ______________________ is a special civil action praying that judgment be rendered commanding
the

respondent to desist from further proceedings in the action or matter specified therein. A) Mandamus;
B)

Prohibition; C) Certiorari; D) Quo Warranto.

50. TRUE OR FALSE: Decisions of courts-martial (military courts) are appealable to the Supreme Court.
The Supreme Court has called military justice a system of justice separate from jurisprudence in
the civilian courts.

51. TRUE OR FALSE: Appealed cases involving mixed questions of fact and law are now under the
jurisdiction of the Court of Appeals.
52. A ____________ is a judgment rendered after the presentation of proof or on the basis of a
stipulation of

facts. A) Order; B) Decision; C) Minute Resolution; D) Evidence.

State the mandatory periods within which the following courts shall render a decision:

53. Supreme Court: _ Maximum of Twenty-four (24) months

54. Lower Collegiate Courts: _ Twelve (12) months
55. Other Lower Courts: Three (3) months
56. TRUE OR FALSE: Any vacancy occurring in the Constitutional Commissions before the expiration of
the term shall be filled only for the balance of such term.

State the two (2) classification of positions in the civil service:

57. Career services

58.Non-Career services

Enumerate the three (3) position excepted from the requirements of appropriate eligibility:

59. Policy-determining position

60. Primarily confidential position

61.Highly Technical position

62. TRUE OR FALSE: Preventive suspension of a civil service employee facing administrative investigation
is already a penalty.

63. TRUE OR FALSE: A government officer or employee expressing his view on current political issues or

mentioning the names of candidates of public office is already guilty of partisan political activity.

64. Distinguish term from tenure.

The term means the time during which the officer may claim to hold office as of
right, and fixes the interval after which the several incumbents shall succeed one
another. The tenure represents the term during which the incumbent actually holds
the office.

65. The ____________ is characterized by entrance based on merit and fitness determined by
competitive

examination, opportunity for advancement and security of tenure. A) Non- career service ; B) Career
service;

C) Confidential position; D) Elective position.

66. A ______________ requires the appointee thereto to possess technical skill or training in the
supreme or
superior degree. A) Head of Department; B) Policy determining position; C) Primarily confidential
position;

D) Highly technical position.

67. TRUE OR FALSE: Security of tenure means that a regular government personnel cannot be dismissed
from office without just cause and due process of law.

68. _______________________ has exclusive original jurisdiction over all contest relating to the
elections,

returns and qualifications involving elective municipal officials. A) COMELEC; B)RTC; C) MTC; D) CA.

69. Decision by the Municipal Trial Courts over all contests involving elective barangay official is
appealable to

______________. A) RTC; B) COMELEC; C) CA; D) SC.

70. TRUE OR FALSE: Election cases shall be heard and decided in division, provided that motions for

reconsideration of decisions shall be decided by the COMELEC en banc.

71. TRUE OR FALSE: Questions involving the right to vote shall be decided by COMELEC.

72. Distinguish election period from campaign period.

Election period ends thirty (30) days after the day of election and may be changed
in special cases, while campaign period cannot extend beyond election day.

73. TRUE OR FALSE: Any law exempting any government entity, or any investment, or public funds, from
the jurisdiction of COA is prohibited.

74. TRUE OR FALSE: COA has jurisdiction to audit Government Owned or Controlled Corporation (GOCC)
formed and organized under the Corporation Code.

75. The sole power to try and decide impeachment case is conferred on the Senate, which can convict
only by a vote of at least _______________ of its members. A) One-third; B) Two-thirds; C) One half; D)
All of them.

76. TRUE OR FALSE: A judgment of Congress in an impeachment case is appealable to the Supreme
Court

77. TRUE OR FALSE: The Ombudsman exercises both criminal and administrative jurisdiction.

78. TRUE OR FALSE: The Sandiganbayan justices are removable by impeachment.

The Presiding Justice and the Associate Justices shall not be removed from office except
on impeachment upon the grounds and in the manner provided for in Section s 2, 3 and
4 of Article XIII of the 1973 Constitution.

79. TRUE OR FALSE: The Constitution of the Philippines is a written, conventional and rigid.

80. The Constitution maybe changed by amendment or revision. Distinguish the two.

Amendment is "the alteration of an existing constitution by the addition or subtraction of

material." Revision is the "replacement of one constitution by another.

II- PROBLEMS
Instruction: Support your answer with reason.

(5pts) 1. Petitioner and the Respondent were elected governor and vice governor, respectively of
Misamis

Oriental. Both subsequently ran for the Batasang Pambansa, but only petitioner won. Adaza then
qualified as member of the lawmaking body, whereupon Pacana assumed the governorship as statutory
successor. Adaza challenged Pacana’s takeover, contending that under the parliamentary system a
legislator could concurrently serve as governor, hence, there was no vacancy in the governorship that
Pacana could fill. Is Adaza correct?

1. Adaza is wrong in his contention. That is when Adaza automatically

forfeited his seat as governor the moment he took his oath as a member
of the Batasang Pambansa. Because under the law no senator or member
of the house of representative may hold any other office or employment
in the Government, or any subdivision, agency or instrumentality thereof
during his term without forfeiting his seat.

(5pts) 2. Congress by law authorized the Secretary of Agriculture to promulgate the rules and
regulations

concerning trawl fishing. When the President directly exercised this authority, his act was challenged on
the ground that the power in question had been conferred not on him but on the aforementioned
Cabinet member. Decide.

2. The President of the Philippines may exercise the same power and authority
because the President shall have control of all executive departments, bureaus or
offices pursuant to Section 10(1), Article VII of the Constitution.
(5pts) 3. A physician questioned the constitutionality of a law prohibiting the use of contraceptive upon
the ground that it might prove dangerous to life or health of some of his patients whose physical
condition would not enable them to bear the rigors of childbirth. Is the physician the proper party to file
the case? Support your answer.

3. It should be the patients of the physician and not the physician himself that is considered as the
proper parties. Because a proper party is one who has sustained or is in immediate danger of sustaining an
injury as a result of the act complained of.

(5pts) 4. In an election protest involving the position of City Mayor of Zamboanga, between Celso, the
protestee, and Beng, the protestant, the First Division of the COMELEC rendered a decision upholding
Celso’s election. Can Beng file a petition for certiorari with the Supreme Court from the decision of the
COMELEC First Division? Support your answer.

4. The aggrieved party shall appeal to the COMELEC en banc. The only time that Supreme Court
may review the decision of the division is when it acts without or in excess of jurisdiction or with grave
abuse of discretion amounting to lack or excess of jurisdiction. Otherwise, it shall be a ground for
dismissal.

- GOOD LUCK -