MIDTERM Reviewer Consti 1 Sy 09-10 Sem1

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CONSTITUTIONAL LAW I, SAT 9-12 AM CLASS MIDTERM EXAMINATION REVIEW GUIDE POSSIBLE QUALIFYING QUESTIONS Important reminder: Any wrong answer to qualifying questions will automatically mean a grade of 60 percent in the examination. 1. Who are citizens of the Philippines under the 1987 Constitution? 2. Whom shall the President appoint? 3. Give the definition of judicial power under the 1987 Constitution? 4. What are the powers of the Supreme Court under Section 5, Article VIII of the 1987 Constitution?

POSSIBLE NON-QUALIFYING QUESTIONS PART 1. Define/Briefly explain the following terms/concepts: Political law State Constitution Sovereignty Executive power Legislative power Archipelagic doctrine Incompatible offices Forbidden offices Parliamentary privilege Appointment Power of judicial review Rule-making power of the Supreme Court One subject-one title rule

Power of control PART 2. Distinguish the following De jure vs. De facto government Question hour vs. Congressional inquiry War powers of Congress vs. War powers of the President Pardon v. Amnesty Forbidden office v. Incompatible office The President’s power to veto bills v. The President’s power to veto items in an appropriate, revenue or tariff bills The President’s power over executive departments, bureaus and offices v. The President’s power over local governments Question hour v. Congressional inquiry Regular appointment v. ad interim appointment The President’s emergency power v. Power to declare martial law Privilege from arrest v. Privilege of Speech or Debate

PART 3 1. What comprises Constitution? 2.

the

national

territory

under

the

1987

What comprises the Philippine archipelago?

3. What comprises the territories over which the Philippines has sovereignty or jurisdiction? 4.

What are the modes of acquiring citizenship?

5. Who are citizens of the Philippines at the time of the adoption of the 1987 Constitution? 6.

Who are natural-born citizens of the Philippines?

7.

What is the effect of marriage to an alien on Philippine citizenship?

8. What are the qualifications for the exercise of the right of suffrage?

9. Briefly explain the so-called privilege of speech or debate of members of Congress? 10. Briefly explain the so-called privilege from arrest of members of Congress? 11. What are the prohibitions on members of Congress in relation to holding or being appointed to other offices? 12. What are the prohibitions on members of Congress with respect to the practice of profession or pursuit of business? 13. What are the powers of each house with respect to its own members? 14. What is the function of the Electoral Tribunal of each house of Congress? 15. What are the inherent government powers that Congress may exercise? Briefly describe each. 16. What are the limitations to the power of inquiry of Congress? 17. When may heads of departments appear before the Senate or House and be heard on matters pertaining to their departments? 18. What power or powers may Congress delegate to the President? 19. What kinds of bills shall originate exclusively in the House of Representatives? 20. What is Congress prohibited from doing to the budget proposed by the President? 21.

What are the limitations on the power of Congress to appropriate?

22. Under Section 26, Article VI, what are the limitations on the power of Congress to pass bills in general? 23. What is the power of the President with respect to appropriations, revenue or tariff bills? 24. Give at least two constitutional limitations on Congress’ power to tax. Brief explain each. 25. What are the qualifications for President? 26. Enumerate at least eight constitutional powers of the President and briefly discuss each. 27. What are the duties of Congress with respect to the canvassing of election returns for President and Vice President? 28. Give instances when the Vice President shall serve as acting President. 29.

Give a constitutionally provided power of the Vice President.

30. How does the Constitution prevent nepotism by the President in the exercise of his appointing powers 31. Who are the appointees that require the confirmation by the Commission on Appointments? 32. State the prohibition on the President, Vice President, Members of the Cabinet and their deputies with respect to the holding of other offices, exercise of profession and pursuit of business? 33. When may the President exercise his calling out powers as Commander in Chief of the armed forces? 34. What are the requisites for the exercise by the President of his power to declare martial law or suspend the privilege of writ of habeas corpus? 35. What are the constitutional limitations on the powers of the president to declare martial law or suspend the privilege of the writ of habeas corpus? 36. What is the extent of the power of the Supreme Court with respect to cases questioning the validity of the imposition of martial law? 37. What is the effect of a declaration of martial law? 38. What are the limitations on the appointing power of the President? 39. What are the limitations to the pardoning power of the President? 40. What are the limitations on the President’s power to contract or guarantee loans? 41. What is required for a treaty or international agreement entered into by the President to be valid? 42. Is the President’s power of appointment exclusive? Who else may exercise this power and how? 43.

In whom is judicial power vested?

44. What are the limitations on the power of Congress to make appropriations for the judiciary? 45. What is the power of Congress with respect to jurisdiction of courts? 46. What is the limitation on the power of Congress to reorganize the judiciary? 47. What is the constitutional requirement for decisions rendered by the courts? 48. Who has the power to establish lower courts? 49. What is the function of the Judicial and Bar Council?

50. What safeguards are embodied in the Constitution to ensure the independence of the judiciary? Give at least 10. 51. What are the limitations to the rule-making power of the Supreme Court? 52. How is the concept of people power reflected in the Constitution? 53. Give six (6) ways by which Congress can “check” the exercise of power by the President? Briefly explain each. 54. Give four (4) ways by which Congress can “check” the exercise of power by the Supreme Court. Briefly explain each. 55. Give two (2) ways by which the President can “check” the exercise of power by Congress. Briefly explain. 56. Give two (2) ways by which the President can “check” the exercise of power by the Supreme Court. Briefly explain. 57. Give one (1) way by which the Supreme Court can “check” the exercise of power by the President and Congress. Briefly explain. 58. Give at least four specific powers of Congress under the Constitution and briefly explain each. 59. Give at least eight specific powers of the President under the Constitution and briefly explain each. 60. Give the basic steps in the legislative process or in the passing of bills. 61. Give three (3) ways by which a bill passed by Congress becomes a law. PART 4. PROBLEMS. Please review all previous bar questions in political law relating to citizenship, powers of the president, congress and the Supreme Court. WARNING: QUESTIONS SHALL NOT BE LIMITED TO THE ABOVE-MENTIONED TOPICS. BE PREPARED FOR A LONG EXAMINATION.

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