Write True or False in your booklet and provide a Legal

explanation of not more than two sentences for your answer.

1.Since Senator Pangilinan cannot engage in the active
practice of law, he must resign and his name must be removed
from his law firm, Pangilinan Britanico Ringler and Franco.
Ans: The Prohibition in Art. VI Sec.16 is personal. It does not apply
to law firm where a lawyer-Congressman may be a member. The
lawyer-legislator may still engage in the practice of his profession
except that when it come to trials and hearings before the bodies
above-mentioned, appearance may be made not by him but by some
member of his law office.
2.Income derived from a bookstore located inside the DLSU
Taft campus and used exclusively for University operations is
exempt from taxation.
ANS: The exemption created by Art. VI Section 28 is only for taxes
assessed as property taxes and not excise tax. (CIR v. CA)
ANS: The phrase exclusively used for educational purposes extends
to facilities which are incidental to and reasonably necessary for the
accomplishment of the main purpose. (Abra Valley College v. Aquino)
3. Representatives Rodolfo Robles can appeal an unfavorable
decision promulgated by the House Electoral Tribunal to the
Supreme Court.
FALSE. In Art. VI Sec. 17, the decisions rendered by the Electoral
Tribunals in the contests of which they are the sole judge are not
appealable to the Supreme Court except in cases of a clear
showing of a grave abuse of discretion. (Robles v. HET)
4. Arlene De Castro, Daughter of VP Noli De Castro, cannot be
appointed as member of the board of the Philippine National
Oil Company.
FALSE. The prohibition on the appointment of relatives by
consanguinity up to the 4th civil degree as members of GOCCs and its
subsidiaries under Art. VII Sec. 13 is only applicable to the president.
5. State policies under Art. II are not enforceable rights but
mere guidelines that the Govt. offices may follow.
False. The case of Oposa v. Factoran provides that Art. II, Sec. 16 is an
enforceable right .

6. If there is a conflict between the enrolled bill and the

journal, the former shall prevail.
TRUE. The enrolled bill is the official copy of approved legislation and
bears the certification of the presiding officers of the legislative body.
The respect due to a co-equal department requires the courts to
accept the certification of the presiding officer as conclusive assurance
that the bill so certified is authentic. (Casco Philippine Chemical Co. v.
Gimenez)
7. A bill may become a law without the participation of the
President.
False. A bill becomes a law when the President signs it; When the
President vetoes it but the veto is overridden by two-thirds vote of all
the members of each House; or when the President does not act upon
the measure within 30 days after it shall have been presented to him.
Even inaction of the president is considered as a form of participation.
8. Enumerate the powers of the president and provide one
sentence description for each (20pts)
Constitutional Powers of the President (EAC-MPBD-BIO)
1. Executive Power- executive power is the power to enforce and
administer the laws.
2. Power of Appointment - Power of the president to appoint
officials in offices created by law
3. Power of Control - Power of Control has been given to the
President over all executive officers from Cabinet members to the
lowliest clerk. This is an element of the presidential system where the
President is the Executive of the government
4. Military Powers - Sec. 18-The military power enables the President
to:1. Command all the armed forces of the Philippines; Suspend the
privilege of the writ of habeas corpus ;Declare martial law
5. Pardoning Power - The exercise of the pardoning power is
discretionary in the President and may not be controlled by the
legislature or reversed by the courts, save only when it contravenes its
limitations.
6. Borrowing Power - The President may contract or guarantee
foreign loans on behalf of the Republic of the Philippines: (1) With the
prior concurrence of the Monetary Board, and (2) Subject to such

limitations as may be provided by law

7. Diplomatic Power - As head of State, the President is supposed to
the spokesman of the nation on external affairs. The conduct of
external affairs is executive altogether. He is the sole organ authorized
to speak or listen for the nation in the broad field of external affairs.
8. Budgetary Power - This power is properly entrusted to the
executive department, as it is the President who, as chief administrator
and enforcer of laws, is in best position to determine the needs of the
government and propose the corresponding appropriations therefor on
the basis of existing or expected sources of revenue.

9. Informing Power - The President usually discharges the informing

power through the state-of-the-nation address, which is delivered at
the opening of the regular session of the legislature.
10.

Other Powers 1. Call Congress to a Special Session (art 6, sec 15)

2. Power to approve or veto bills (art 6 sec 27)
3. To consent to deputation of government personnel by
the Commission on Elections (art 19-C sec 2(4))
4. To discipline such deputies (art 19-C sec 2(8))
5. Emergency powers by delegation from Congress (art 6
sec 23(2))
6. Tariff Powers by delegation from Congress (art 6 sec
28(2))
7. General Supervision over local governments and
autonomous regional governments (art 10)