MIDTERM EXAM Consti 1 Sy 09-10 Sem1
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CONSTITUTIONAL LAW I, SAT 9-12 AM CLASS MIDTERM EXAMINATION QUALIFYING QUESTIONS. WARNING: A wrong answer to any of the qualifying questions below will automatically mean a grade of 65 percent in the examination. 1. Who are citizens of the Philippines under the 1987 Constitution? 2. Give the definition of judicial power under the 1987 Constitution? NON-QUALIFYING QUESTIONS. PART 1. Define the following terms/concepts: 1. 2. 3.
Archipelagic doctrine Power of control Power of judicial review
PART 2. Distinguish the following: 1. Question hour vs. Congressional inquiry 2. Pardon v. Amnesty 3. The President’s emergency power v. The President’s power to declare martial law 4. Forbidden office v. Incompatible office PART 3. Enumerate the following: 1. The complete categories of officers whom the President shall appoint. From these, whose appointments need confirmation by the Commission of the Appointments? 2. The limitations on the power of the president to declare martial law or suspend the privilege of the writ of habeas corpus.
2|Page 3. At least six (6) safeguards embodied in the Constitution to ensure the independence of the judiciary. 4. At least five (5) constitutional powers of the Supreme Court and briefly discuss each. 5. At least three (3) ways by which Congress can “check” the exercise of power by the Supreme Court. Briefly explain each. 6. At least two (2) ways by which the President can “check” the exercise of power by Congress. Briefly explain. 7. At least two (2) ways by which the President can “check” the exercise of power by the Supreme Court. Briefly explain. 8. At least three (3) ways by which a bill passed by Congress becomes a law. 9. The three (3) limitations to the powers of the Senate, House of Representatives or any of its committees to conduct legislative inquiries. 10. The powers each House over its Members.
PART 4 TRUE OR FALSE. Answer TRUE if the statement is true or FALSE if the statement is completely or partly FALSE. Provide the legal basis for your answer. If no legal basis is provided, no credit will be given. 1. The Supreme Court, being the highest court of the land, has the power to establish lower courts. 2. The President as Commander-in-Chief of the armed forces has the power to allocate government funds to raise an army. 3. The Supreme Court may review the wisdom and soundness of the President’s declaration of martial law. 4. The President may declare martial law when there is a rebellion or invasion. 5. Jose was born in the Philippines in 1984. His father is a Filipino citizen and his mother a Canadian citizen. Under the 1987
3|Page Constitution, he is a Filipino citizen because his father is a Filipino citizen. 6. Under the 1987 Constitution, Filipino domestic helpers in Hong Kong are not qualified to vote in national elections in the Philippines because they are not residents of the Philippines. 7. The Senate has the power to investigate the alleged anomalies in the government for the purpose of gathering evidence to prosecute violators of law. 8. Pursuant to its judicial power, the Supreme Court may give legal opinions on problems that the President may refer to it for advice. 9. Mr. Chua was born in China but has lived in the Philippines for the last twenty years. He eventually acquired Philippine citizenship by naturalization. As a naturalized Filipino citizen, however, he is not qualified to vote in Philippine elections but he is qualified to be a candidate in the presidential elections. 10.The Senate has the power to make, alter, repeal, and modify laws. 11.The President has the power of control over local governments. 12. The President can use the money appropriated for official foreign travels of the President to pay for urgent emergency requirements of the Armed Forces of the Philippines in connection with the latter’s recent military campaign against terrorists in Jolo. 13.The Commission on Appointments has the power to recommend appointees to the executive branch. 14. All the President’s appointees to the Supreme Court must be confirmed by the Judicial and Bar Council. 15. The Commission on Elections shall be the sole judge of all contests relating to the election, returns and qualifications of the President and Vice-President and Members of Congress. 16. Under the 1987 Constitution, Congress may by law delegate some of its taxing powers to the Bureau of Internal Revenues.
4|Page 17.The President may refuse to execute a law if, in his opinion, such law would not be beneficial to the people. 18. Judicial power is vested in the Supreme Court. 19. Executive power is vested in the President and Vice-President, who both have the power of supervision over executive departments, bureaus and offices. 20. If the president vetoes an item in an appropriation bill, the entire appropriations bill is vetoed. 21.Members of Congress are exempt from criminal prosecution during their entire tenure. 22.A Member of Congress, during his tenure, may not, appear before any court of law as counsel for any private party, except the government. 23.A bill changing the name of a provincial road in Batangas must originate exclusively in the House of Representatives. 24.The Senate may compel the attendance of members of the Cabinet to appear before it and be asked and heard by the Senate pertaining to their departments. 25. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of Congress and the Secretary of Finance. 26. Under the Constitution, San Sebastian College, which is a school established by religious orders, and the San Sebastian Church shall be exempt from taxation. 27. The provincial government of Pampanga should not pay Gov. Ed Panlilio his salaries as governor of Pampanga. Under the Constitution, no public money shall be paid to any priest. 28. Under the Constitution, citizens of the Philippines who marry aliens shall retain their citizenship, unless they reside outside of the Philippines. 29.The Kalayaan Group of Islands is part of the Philippine archipelago and thus is part of the Philippine national territory.
5|Page 30. Congress may, by law, impose requirements and procedures to regulate the practice of law. 31. The President, as Chief Executive, has the power to withhold the release of the budget of the Supreme Court. 32.The President has the power to define and apportion the jurisdiction of the courts. 33. In case of a tie in a presidential election, the Supreme Court, by a vote of two thirds of all its members, shall decide who shall become President. 34.If the President appoints heads of executive departments while Congress is not in session, such appointment shall be effective immediately and up to the end of the term of the President. 35.The President has the exclusive power of appointment. 36.The President, Vice President and members of Congress may practice their professions and engage in business during their tenures. 37. A Regional Trial Court judgment in a civil case consisting of only one sentence, “The complaint is dismissed,” is valid. 38.The Supreme Court has the power to prescribe the qualifications of judges. 39. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall serve as Acting President. 40.To expedite the judicial process and lessen the burden of the Supreme Court, Congress may pass a law establishing another Supreme Court.