1. What are political questions?

- includes the duty to determine whether or not there has been

a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the
Government.

2. What are justiciable or non-political questions?

- A purely justiciable question implies a given right, legally

demandable and enforceable, an act or omission violative of
such right, and a remedy granted and sanctioned by law, for
breach of such right.

3. Discuss the doctrine of constitutional supremacy.

- is the fundamental law of the land to which all other laws

must conform and to which all persons, including the highest
officials of the land, must defer.
- No law/act shall be valid if it conflicts with the constitution.

4. Discuss the expanded power of judicial review.

- The Constitution provides for this Court’s expanded power of

judicial review “ to determine whether or not there has been
a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the
Government”. This proviso was borne out of our country’s
experience under Martial Law, to extend judicial review “to
review political discretion that clearly breaches fundamental
values and principles congealed in provisions of the
Constitution”. Under the present Constitution, this Court has
the power to resolve controversies involving acts done by
any government branch or instrumentality with grave abuse
of discretion. ( Rappler V Bautista, 2016 ).

5. Distinguish amendments from revisions of Constitution.

 - Amendments- refers to an addition or change within the lines
of the original constitution as will effect an improvement, or
better carry out the purpose for which it was framed. It refers
to a change that adds, reduces or deletes without altering
the basic principles involved.
- Revision – broadly implies a change that alters a basic
principle in the constitution, like altering the provision of
separation of powers, or the system of checks and balances.

6. Discuss the 3 modes of proposing amendments to the

Constitution.

a. By Congress ( as a constituent assembly) – a vote of ¾ of all its

members
b. Constitutional Convention – by existence by 2/3 of all members
of Congress. The Congress, upon a majority vote of all its
members may submit the question of whether to call a
constitutional convention to be resolved by the people in a
plebiscite.
c. People, through the power of initiative – a petition of an atleast
12% of the total number of registered voters of every legislative
district, must be represented by at least 3% of the registered
voters therein.

7. “Doctrine of proper submission” in connection with proposed

amendments to the Constitution.

- Plebiscite may be held on the same day as regular election

provided people are sufficiently informed of the amendments
to be voted upon, for them to conscientiously deliberate
thereon, to express their will in a genuine manner
- Submission of piecemeal amendments is unconstitutional.
All amendments must be submitted for ratification in one
plebiscite only.

8. What is Initiative? Discuss the ( 3 kinds of initiative )

- is the power of the people to propose amendments to the

constitution or to propose and enact legislation.
3 Kinds of Initiative:

1. Initiative on the Constitution- petition proposing amendments to

the Constitution.
2. Initiative on statutes – petition proposing to enact a national
legislation
3. Initiative on local legislation- petition proposing to enact a
regional, provincial, municipal, city or brgy. Laws, resolution or
ordinance.

9. Explain the distinction between original legislative power and

derivative legislative power.

- The original legislative power of the people is exercised via

initiative and referendum. In this manner, people can directly
propose and enact laws, or approve or reject any act or law
passed by Congress or a local government unit.
- possessed by the sovereign people.

- Derivative legislative power – that which has been delegated

by the sovereign people to the legislative bodies. ( Kind of
power vested in Congress ).

10. Discuss the two tests to determine whether a proposed change in

the Constitution is an amendment or a revision.

Quantitative test – asks whether the propose change is so

extensive in its provisions as to change directly the substantial
entirety of the constitution by deletion or alteration of the numerous
existing provisions.

Qualitative test - inquires into the qualitative effects of the proposed

change in the constitution. The main inquiry is whether the change
will “accomplish such far reaching changes in the nature of our basic
governmental plan as to amount to a revision”.
Whether there is an alteration in the structure of government is a
proper subject of inquiry. Thus, “a change in the nature of basic
government plan” includes “change in its fundamental framework or
the fundamental powers of its Branches.” A change in the nature of
the basic governmental plan also includes changes that “jeopardize
the traditional form of government and the system of check and
balances.”

11. Discuss at least five (5) manifestations of a republicanism under

the present constitution.

1. Ours is a government of laws and not of men.

2. Rule of majority (plurality in election)
3. Accountability of public officials
4. Bill or Rights
5. Legislature cannot pass irrepealable laws.

12. Under the 1987 Constitution, international law can become part of
the sphere of domestic law either by transformation or incorporation.
Discuss.

Doctrine of incorporation- Every state, by reason of membership

in the family of nations, is bound by the generally accepted principles
of international law, which are considered to be automatically part of
its own laws.

13. Discuss the doctrine of autolimitation.

- While sovereignty has traditionally been deemed absolute and

all encompassing on the domestic level, it is however subject to
restrictions and limitations voluntarily agreed to by the
Philippines, expressly or impliedly, as a member of the family of
nations.

14. How do our courts resolve the issue when there appears to be a
conflict between a rule of international law and the provisions of the
Philippine Constitution and other prevailing statutes?

- The doctrine of incorporation is applied whenever municipal

tribunals ( or local courts ) are confronted with situations in
which there appears to be a conflict between a rule of
international law and the provisions of the Constitution or
statute of the local state.
- Efforts should first be exerted to harmonize them, so as to
give effect to both since it is to be presumed that municipal law
 was enacted with proper regard for the generally accepted
principles of international law in observance of the Incorporation
Code.
- if the conflict is irreconcilable, municipal law should be upheld
by the municipal courts

15. Discuss the 2 provisions of Constitution ensuring civilian

authority, at all times, supreme over the military.

Article II, section 3 – The AFP is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.

1. By the installation of the President, the highest civilian authority,

as the Commander in chief of the Armed Forces of the
Philippines.
2. Through the requirement that members of the AFP swear to
uphold and defend the Constitution which id the fundamental
law of the civil government.

16. May Congress enact a law requiring the mandatory registration in

the military services? Discuss.

- The National Defense Law does not go against the Constitution

but is, on the contrary, in faithful compliance therewith. The
duty of the Government to defend the State cannot be
performed except through an army.
- To leave the organization of an army to the will of the citizens
would be to make this duty of the Government excusable
should there be no sufficient men who volunteer to enlist
therein.

17. Discuss the benevolent neutrality approach.

- This gives room for accommodation of religious exercises as

required by the Free Exercise Clause and for accommodation
of morality based on religion, provided it does not offend
compelling state interests.
18. Discuss the concept of intergenerational responsibility insofar as
the right to a balanced and healthful ecology is concerned.

- a basis used in the Oposa vs Factoran case in their standing,

held that the right to a balanced and healthful ecology is
explicitly provided in Art. II, Sec 16 of the Constitution.
- It concerns nothing less than self-preservation and self-
perpetuation and is assumed to exist from the inception of
mankind.

19. Explain the doctrine of separation of powers. What is its purpose?

- It means that the legislation belongs to the Congress, execution

to the Executive, and settlement of legal controversies to the
Judiciary.
- Each is therefore prevented from invading the domain of the
others.
Purpose
- To prevent the concentration of authority in one person or
group of persons that might lead to irreparable error or abuse in
its exercise to the detriment of republican institutions.
- The purpose is not to avoid friction, but, by means of the
inevitable friction incident to the distribution of governmental
powers among the three departments, to save the people from
autocracy.

20. What are the checks and balances that the executive department
exercises insofar as legislative department and judiciary are
concerned?

Executive Check on Legislative Department:

- Through its veto power
Executive Check on Judiciary:
- Through its power of pardon, it may set aside the judgment of
the Judiciary.
- Also by power of appointment, the power to appoint members
of the Judiciary.

21. Can a Deputy or the Special Prosecutor be removed from office

by the President?
 - A Deputy Ombudsman and a Special Prosecutor are not
impeachable officers.
- Subjecting the Deputy Ombudsman to discipline and removal
by the President, whose alter egos and officials in the Executive
Department are subject to the Ombudsman’s disciplinary
authority, cannot but seriously place at risk the independence of
the Office of the Ombudsman itself.
- Section 8 (2) of RA NO. 6770 violates the independence of the
Office of the Ombudsman, and the principle of checks and
balances. ( For this reasons, providing that the President ma
remove a Deputy Ombudsman should be declared void.

22. Discuss the principle of “potestas delegate non delegari potest”

- what has been delegated cannot be delegated

- based upon the ethical principle that such delegated power
constitutes not only a right but a duty to be performed by the
delegate through the instrumentality of his own judgment and
not through the intervening mind of another.

23. Cite 5 instances of permissible delegation of power.

1. Delegation to the People through initiative and referendum

2. Emergency Powers delegated by Congress to the President
3. Congress may delegate Tariff powers to the President
4. Delegation to Administrative bodies
5. Delegation to Local Governments

24. When may emergency powers be delegated by Congress to the

president?

a. There must be war or other national emergency.

b. The delegation is for limited period only.
c. Delegation is subject to restrictions as Congress may prescribe.
d. Emergency powers must be exercised to carry a national policy
declared by Congress.
There cannot be any delegation of emergency powers in the absence
of a national emergency.
25. Can the President alone declare a state of national emergency?
Is he authorized to take over the operation of private entities?

- The president’s power to declare a state of national emergency

is granted by the Constitution, no legitimate objection can be
raised.
- While the President alone can declare a state of national
emergency, he may NOT invoke this provision to authorize
him during the emergency to temporarily take or direct the
operation of any privately owned public utility or business
affected with public interest without authority from Congress.
- Without legislation, he has no power to take over privately-
owned public utility or business affected with public interest.

26. Explain the concept of flexible tariff clause.

- The Congress may, by law, authorize the President to fix within

specified limits, and subject to such limitations and restrictions
as it may impose, tariff rates, import and export quotas,
tonnage, and wharfage dues, and other duties or imposts within
the framework of the national development program of the
Government.

27. Explain the power of subordinate legislation.

- what is delegated is in fact not ‘law making’ power but ‘law

executing power’. Hence, administrative agencies have the
ower to ‘fill in the details’ of a statute passed by Congress in the
course of its implementation.

28. What are the two tests to determine whether the delegation of
legislative power is valid or not?

Completeness Test – the law must be complete in all essentials

terms and conditions when it leaves the legislature so that there will
be nothing left for the delegate to do when it reaches him except to
enforce it.
Sufficient Standard Test – if the law does not spell out in detail the
limits of the delegate’s authority, it may be sustained if delegation is
made subject to a sufficient standard.
- defines legislative policy, marks its limits maps out the
boundaries of the delegate’s authority and indicates the
circumstances under which it is to be pursued and effected. Its
purpose is to prevent total transference of legislative power.

29. What is a state? What are the elements of a State?

State- a community of persons, more or less numerous,

permanently occupying a fixed territory, and possessed of an
independent government organized for political ends to which the
great body of inhabitants render habitual obedience; a legal concept.

Elements of a State
1. People- inhabitants of the State
2. Territory- a fixed portion of the surface of the earth inhabited
by the people of the State.
3. Government- the agency or instrumentality through which that
will of the State is formulated, expressed and realized
4. Sovereignty- the supreme and uncontrollable power inherent
in a State by which that State is governed.

30. Distinguish the concept of state from nation.

State- a community of persons, more or less numerous, permanently
occupying a fixed territory, and possessed of an independent
government organized for political ends to which the great body of
inhabitants render habitual obedience; a legal concept.

Nation- indicates a relation of birth or origin and implies a common

race, usually characterized by community of language and customs;
a racial or ethnic concept.

31. Under Montevido Convention on Law of the State, what are the
elements for the establishment of the state?

A. Permanent population
B. Defined Territory
C. Government
 D. Capacity to enter into relations with other states

32. What comprises the national territory of the Philippines?

- comprises the Philippine archipelago, with all the islands and

waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other
submarine areas.

33. Discuss the straight baseline method.

- This consists of drawing straight lines connecting appropriate

points on the coast without departing to any appreciable extent
from the general direction of the coast. These baselines divide
the internal waters from the territorial waters of an archipelago.
Baselines are lines drawn along the low water of an island or
group of islands which mark the end of the internal waters and
the beginning of the territorial sea. Each country must draw its
own baselines according to the provisions of the Law of the
Sea.

34. Does RA 9522 exclude the disputed Kalayaan Island Group from
the National Territory of the Philippines?
- It redrew the country’s baseline to comply with the UNCLOS III
requirements for archipelagic state. The law provides one baseline
around archipelago and separate baseline for the “regime of islands”
outside the archipelago.
- In the process, it EXCLUDED the disputed Kalayaan Island Group
and the Scarbrough from the main archipelago (and baselines) and
classified them instead as “regimes of islands”.

35. Discuss the extent of our territorial sea, contiguous zone and
exclusive economic zone.

- Territorial sea refers to maritime domain, 12 NM.

( 12 NM from the normal baseline of the outermost islands)
- Contiguous zone – extends only up to 12 NM from the territorial
seas
 - Exclusive economic zone – the exploration of national
resources beyond the 12 NM up to 200 NM.

36. What laws may be enforced by the State within the contiguous
zone?

- The principle of contiguous zone, extends only up to 12 NM

from territorial seas. Although not part of the territory, the
coastal state may exercise jurisdiction to prevent infringement
or violation of customs, fiscal, immigration and sanitary laws.
a. fiscal laws
b. sanitary laws
c. immigration laws
d. customs laws

37. Explain the distinction between innocent passage from transit

passage.

INNOCENT PASSAGE TRANSIT PASSAGE

Pertains to navigation of ships Include the right of overflight
only
Requires submarines and other Submarines are allowed to
underwater vehicles to navigate navigate in normal mode- i.e
on the surface and show their submerged
flag.
Can be suspended, but under Cannot be suspended.
the condition that it does not
discriminate among foreign ships,
and such suspension is essential
for the protection of its security,
and suspension is effective only
after having been duly published.

38. How do you distinguish a de jure government from a de facto

government?
De jure government has rightful title but no power or control, either
because this has been withdrawn from it or because it has not yet
actually entered into the exercise thereof.

De facto government is a government of fact, i.e., it actually

exercises power or control but without legal title.

39. Explain the concept of jus postliminium.

- When a foreign power occupies a state and exercises the powers of

government, the political laws of the said state are deemed
automatically suspended but the former government automatically
comes to life and will be in force and effect again upon the re-
establishment of the former government. ( Taylor, International law, P
615 ).

40. Explain the doctrine of royal prerogative of dishonesty.

- The state may not be sued without its consent.

- Indiscriminate suits against the State will result in the
impairment of its dignity, being a challenge to it supposed
infallibility.
- Based on the logical and practical ground that there can be no
legal right against the authority which makes the law on which
the right depends.

41. Can foreign states be sued in the Philippines? Explain.

Doctrine of State Immunity- when applied to foreign states

General Rule: The doctrine is also available to foreign states on the
basis of the maxim par in parem non habet imperium – sovereign
equality of states.
Exception: Foreign states may be sued if (1) engaged regularly in a
business or trade, or (2) enters into a contracts in the host state
which are purely commercial, private and proprietary acts ( juri
gestionis ).
Exception to the exception: Contracts entered into by it as
governmental or sovereign acts ( juri Imperii ).
42. Can state immunity from suit be waived? State the rules.

1. Express consent- manifested through

a. general law
b. special law
2. Implies consent- given when the State itself
a. Commences litigation
b. When it enters into a contract

43. When is a suit considered a suit against the state?

1. When the Republic is sued by name

2. When the suit is against an UNINCORPORATED government
agency
3. When the suit is on its face against a government officer but the
case is such that ultimate liability will belong not to the officer but to
the government.

44. For suits against unincorporated agencies, what is the test of

suability?

- Suit Against An Incorporated agency

Test of Suability is found in its charter.
~ It is suable if the charter says so, and this is true regardless
of its functions.
~ Thus, whether performing GOVERNMENTAL and/or
PROPRIETARY functions, an INCORPORATED local
government unit is SUABLE if their charter provides that it CAN
SUE AND BE SUED.

45. How do you distinguish suability from liability?

Suability depends on the consent of the State to be sued;

liability is based on the applicable law and the established facts.

46. Who are citizens of the Philippines under the 1987 Constitution?

A. Those who are citizens of the Philippines at the time of the

adoption of this Constitution
 B. Those whose fathers or mothers are citizens of the
Philippines;
C. Those born before January 17, 1973 of Filipino mothers,
who elect Philippine Citizenship upon reaching the age of
majority; and
D. Those who are naturalized in the accordance with the law.

47. What is citizenship?

- is personal and more or less permanent membership in a

political community. It denotes possession within that particular
political community of full civil and political rights subject to
special disqualifications such as minority. Reciprocally, it
imposes the duty of allegiance to the political community.
- Is not a matterof convenience. It is a badge of identity that
comes with attendant civil and political rights accorded by the
State to its citizens

48. What are the modes of acquiring citizenship?

a. Jus Sanguinis – based on blood relationship

b. Jus Soli – on the basis of place of birth
c. Naturalization – the legal act of adopting an alien and clothing
him with the privilege of a native born citizen.

The Philippine law follows – jus sanguinis and naturalization.

49. How is the principle of jus sanguinis applied in the 1987

Constitution?

- The Philippine law on citizenship adheres to the principle of jus

sanguinis. Thereunder, a child follows the nationality or citizenship of
the parents regardless of the place of his/her birth, as opposed to the
doctrine of jus soli which determines nationality or citizenship on the
basis of place of birth.

50. If a child was born to a Filipina mother and an alien father before
the effectivity of the 1973 Constitution, does the present Constitution
recognize such child as Filipino? Explain.
 - Yes, because the child is already a Filipino given the fact that
he/she was born to a Filipina mother, regardless the citizenship
of the father.

51. Under Commonwealth Act 625, what are the statutory formalities
of electing Philippine citizenship?

- The option to elect Philippine citizenship in accordance with

subsection (4), section 1, Article IV of the Constitution:
1. Shall be expressed in a statement to be signed and sworn to
by the party before any officer authorized to administer oaths
2. Shall be filed with the nearest civil registry
3. Shall accompany the aforesaid statement with the oath of
allegiance to the Constitution and the Government of the
Philippines.

52. What is naturalization?

- the legal act of adopting an alien and clothing him with the
privilege of a native born citizen.

53. Enumerate the 6 qualifications for applicants under

Commonwealth Act 473- Revised Naturalization Law (general law on
naturalization through judicial process).

1. not less than 21 years of age on the day of the hearing of the
petition
2. must have resided in the Philippines for a continuous period of
not less than ten years
3. must be of good moral character and believes in the principles
underlying the Philippine Constitution.
4. Must own real estate in the Philippines worth not less than P
5,000 or must have some known lucrative trade, profession or
lawful occupation.

54. Who may qualify for naturalization under RA 9139 –

Administrative Naturalization Law? Explain.

- aliens born and residing in the Philippines

55. What is the effect on the children’s citizenship if the father is
naturalized pursuant to Commonwealth Act 473 (Judicial
Naturalization)?

1. Minor children born in the Philippines are deemed citizens of

Philippines.
2. A foreign-born minor child, if dwelling in the Philippines at the
time of the naturalization of the parent, shall automatically
become a Philippine citizen.
3. Foreign-born minor child, who is not in the Philippines at the
time the parent is naturalized, shall be deemed a Philippine
citizen only during his minority, unless he begins to reside
permanently in the Philippines when still a minor, in which case,
he will continue to be a Philippine citizen even after becoming of
age.

56. Distinguish direct naturalization from derivative naturalization.

- Direct naturalization is the immigration process through which a

foreign national becomes a citizen.
- Derivative citizenship refers to a situation where a person has
acquired citizenship through the actions of their relatives and by
meeting certain requirements.

57. Distinguish dual citizenship from dual allegiance.

- Dual Citizenship- arises when, as a result of the concurrent

application of the different laws of two or more states, a person
is simultaneously considered a national by the said states.
- Dual allegiance- refers to a situation in which a person
simultaneously owes, by some positive act, loyalty to two or
more states. While dual citizenship is involuntary, dual
allegiance is the result of an individual’s volition.

58. What is the effect of repatriation to one’s citizenship?

 - Repatriation results in the recovery of the original nationality.
- This means that a naturalized Filipino who lost his citizenship
will be restored to his prior statute as a naturalized Filipino
citizen.
- On the other hand, if he was originally a natural-born Filipino
citizen before he lost his Philippine citizenship, he will be
restored to his former status as a natural-born Filipino.

59. Enumerate at least 5 government officials who are required to

possess natural-born Filipino citizenship.

1. President
2. Vice-President
3. Members of Congress
4. Justices of the Supreme Court
5. Ombudsman and his deputies

60. Does RA 9225 provide for a residency requirement for the

reacquisition or retention of Philippine citizenship? Can he reacquire
his Filipino citizenship without re-establishing his residence in the
Philippines?

- The law does NOT provide for a residency requirement fro the
reacquisition or retention of Philippine citizenship; nor does it
mention any effect of such reacquisition or retention of
Philippine citizenship on the current residence of the concerned
natural-born Filipino.

61. Is foundling a natural-born Filipino citizen?

- Yes. As a matter of fact, foundlings are as a class, natural-born

citizens. To deny full Filipino citizenship to all foundlings and render
them stateless just because there may be a thereotical chance that
one among the thousands of these foundlings might be the child of
must just one, but two, foreigners is downright discriminatory,
irrational and unjust. The second principle is that a foundling is
presumed born of citizens of the country where he is found, contained
in Article 2 of the 1961 United Nations Convetion on the Reduction of
Statelessness.
62. Enumerate at least 5 legislative powers of Congress.

1. General plenary power

2. Specific power of appropriation
3. Taxation and expropriation
4. Legislative investigation
5. Question hour

63. What are the requisites to be elected as a Senator?

- a natural-born citizen of the Philippines

- at least 35 years of age on the day of the election
- able to read and write
- a registered voter
- a resident of the Philippines for not least than 2 years
immediately preceding the day of the election.

64. For political law purposes, define residence.

- is place where one habitually resides and to which he is absent,

he has the intention of returning.
- Refers to domicile or legal residence
- Place where a party actually or constructively has his
permanent home, where he, no matter where he may be found
at any given time, eventually intends to return and remain
( Animus manendi)

65. Why is Senate called a continuing body?

- The continuity of the life of the Senate is intended to encourage

the maintenance of Senate policies as well as guarantee that
there will be experienced members who can help and train
newcomers in the discharge of their duties.

66. Does the Constitution limit the membership of the House of

Representatives to 250 members? Explain.
 - Article VI, Section 5 ( The House of Representatives shall be
composed of not more than 250 members, unless otherwise
fixed by law.

67. What is gerrymandering?

- it is the arrangement of districts in such a way as to favor the

election of preferred candidates through the inclusion therein
only of those areas where they expect to win, regardless of the
resultant shape of such districts.

68. What are the criteria for the creation of a component city?

- Income- P 100 million in the case of conversion of a municipal

or a cluster of barangays into a city ( RA 9009 )
- Population- 150, 000
- Land – 100 sq. km.

69. What are the requisites to be elected as a member of the House

of Representatives?

- natural-born citizen of the Philippines

- at least 25 years of age on the day of the election
- able to read and write
- except the party list representatives, a registered voter of at
least 1 year in the district in which he shall be elected.

70. In the case of Ang Atong Paglaum vs COMELEC, what are the
six parameters for the participation of major political parties in the
party-list elections?

1. Three different groups may participate in the party-list system

(a) national parties or organizations. (b) regional parties or
ogranizations, and (c) sectoral parties or organizations.
2. National and regional parties or organizations do not need to
organize along sectoral lines and do not need to represent
any “marginalized and underrepresented” sector
3. Political parties can participate in party-list elections provided
they register under the party-list system and do not field
 candidates in legislative district elections. A political party that
field candidates in legislative district elections can participate
in party-list elections only through its sectoral wing.
4. Sectoral parties or organizations may either be “marginalized
and underrepresented” or lacking in “well-defined political
constituencies.”
5. A majority of the members of sectoral parties or organizations
that represent the “marginalized and underrepresented” must
belong to the “marginalized and underrepresented” sector
they represent.
6. National, regional and sectoral parties or organizations shall
be not be disqualified if some of their nominees are
disqualified, provided that they have at least one nominee
who remains qualified.

71. How do you distinguish a political party from a sectoral party?

- Political party refers to an organized group of citizens

advocating an ideology or platfrorm, principles and policies for
the general conduct of government and which, as the most
immediate means of securing their adoption, regularly
nominates and supports certain of its leaders and members as
candidates for public office

- A sectoral party refers to an organized group of citizens

belonging to any of the sectors enumerated in Section 5 of
Party-List law, whose principal advocacy pertains to the special
interest and concerns of their sector.

72. What is the scope of the subject matter of the power to conduct
inquires in aid of legislation (Sec. 21, Article VI, 1987 constitution.)

1. Must be in aid of legislation

2. In accordance with duly published rules of procedure
3. Right of persons appearing in or affected by such inquiries
shall be respected.

73. What is the so called question hour?

 - As explain by the Court in Senate v. Ermita, this question hour
is not really a regular feature of a presidential government, but
is merely a borrowed concept from a parliamentary
government.

74. Distinguish question hour from legislative investigation?

- Question hour – As explained by the Court in Senate vs Ermita,

this question hour is not really a regular feature of a presidential
government, but is merely a borrowed concept from a
parliamentary government.
- Legislative investigation – is a formal inquiry conducted by a
legislative body exercising its legislative authority.

75. What is legislative veto is it allowed under the 1987 Constitution?

- A disapproval by Congress, or by an oversight committee of

Congress, of an administrative regulation promulgated by an
administrative body or agency.

76. What are the inviolable parameters to determine the winners in

party-list system elections?

1. The twenty (20) percent allocation;

2. The two (2) percent threshold;
3. The three (3) – seat limit; and
4. Proportional representation

77. What bills shall originate exclusively from the house of

representatives?

Constitutional policies on the Budget:

1. All appropriations
2. Revenue or tariff bills
3. Bills authorizing increase of the public debt
4. Bills of local application
5. Private bills
78. Distinguish pocket veto from item veto?

- As a rule, partial veto is invalid. It is allowed only for particular

items in an appropriation, revenue, or tariff bill
- Item veto
1. The president may veto particular items in an appropriation
revenue or tariff bill.
2. This veto will not affect items to which he does not object.

79. What is a rider?

- Provisions unrelated to an appropriation bill are considered

prohibited. These are called riders

80. State at least 5 non-legislative function of congress?

1. Canvass of the Presidential elections

2. Declaration of the existence of a state of war
3. Confirmation of amnesties and presidential appointments
4. Amendment or revision of the Constitution
5. Impeachment

81.State the conditions under which Congress is allowed to grant

emergency powers to the president?

a. There must be war or other national emergency.

b. The delegation is for a limited period only.
c. Delegation is subject to restrictions as Congress may prescribe.
d. Emergency powers must be exercised to carry a national policy
declared by Congress

82. What is executive power? To whom is executive power vested?

The executive power shall be vested in the President of the

Philippines.
Executive power is briefly described as the power to enforce and
administer the laws, but it is actually more than this. In the exercise of
this power, the President of the Philippines assumes a plenitude of
authority, and the corresponding awesome responsibility, that make
him, indeed the most influential person in the land

83. Discuss the concept of executive privilege.

1. Conversation and correspondence between the President and

the public official.
2. Military, diplomatic and other national security matters which in
the interest of national security should not be divulged
3. Information between inter-government agencies PRIOR to
conclusion of treaties and executive agreements.
4. Discussion in close-door Cabinet meetings
5. Matters affecting national security and public order.

84. Is the president immune from suit? What is the basis for the grant
of such immunity?

- The 1987 Constitution does not provide for presidential

immunity from suit. Unlike congressional immunity, presidential
immunity is not expressly stated nor prescribed by the
Constitution.
- Basis for the immunity is only found in jurisprudence, both in
the U.S. and the Philippines, which by the virtue of Article 8 of
the Civil Code, “forms a part of the legal system of the
Philippines”.

85. What are the requisites to be the elected as the president of the
Philippines?

1. He is a natural-born citizen of the Philippines

2. A registered voter,
3. Able to read and write,
4. At least forty years of age on the day of the election, and,
5. A resident of the Philippines for at least ten years immediately
preceding such election.

86. Incase of a tie between two or among three or more 1 st placers,

how shall the President be chosen?
- The person having the highest number of votes shall be proclaimed
elected, but in case two or more shall have an equal and highest
number of votes, one of them shall forthwith be chosen by the vote of
a majority of all the Members of both Houses of the Congress, voting
separately. ( Article VII, Section 4 )

87. Discuss the three (3) vacancy situations contemplated under

Section 7, Article VII of the Constitution.

- Section 7 discusses the vacancy at the beginning of term:

1. If the President-elect fails to qualify, the Vice President-
elect shall act as President until the President-elect shall
have qualified.
2. If a President shall not have been chosen, the Vice
President-elect shall act as President until a President
shall have been chosen and qualified.
3. If at the beginning of the term of the President, the
President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall
become President.
4. Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have
died or become permanently disabled, the President of the
Senate, or in case of his inability, the Speaker of the
House of Representatives, shall act as President until a
President or a Vice-President shall have been chosen and
qualified.

88. Are there time periods when appointments may not be made by
the President?

- Midnight appointments (Article VII, Section 15) – Two months

immediately before the next presidential elections and up to the end
of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or
endanger public safety.
 89. Does the midnight appointment prohibition apply to the
judiciary?

- No. The framers did not need to extend the prohibition to

appointments in the Judiciary because their establishment of the
JBC and their subjecting the nomination and screening of
candidates for judicial positions to the unhurried and deliberate
prior process of the JBC ensured that there would no longer be
midnight appointments to the Judiciary. If midnight appointments
were made in haste and with irregularities, or made by an outgoing
Chief Executive in the last days of his administration out of a desire to
subvert the policies of the incoming President or for partisanship, the
appointments to the Judiciary made after the establishment of the
JBC would not be suffering from such defects because of the JBC’s
prior processing of candidates. ( Arturo de Castro vs JBC )

90. Is an ad-interim appointment by the President considered a

permanent appointment?

- An ad interim appointment is a permanent appointment

because it takes effect immediately and can NO longer be withdrawn
by the President once the appointee has qualified into office.
( Matibag vs Benipayo )

91. What appoinments need confirmation by Commission on

Appointment?

a. Heads of the Executive Departments (except if it is the Vice-

President who is appointed to the post);
b. Ambassadors, other public ministers or consuls;
c. Officers of the AFP from the rank of Colonel or Naval Captain;
d. Other officers whose appointments are vested in him by the
Constitution ( e.g. COMELEC members )

92. How do you distinguish regular appointment from ad-interim

appointment?
 1. Regular appointment- one made by the President while
Congress is in session, takes effect only after confirmation by the
Commission on Appointments, and once approved, continues until
the end of the term of the appointee.
2. Ad-interim appointment- one made by the President while
Congress is not in session, takes effect immediately, but ceases to
be valid if disapproved by the Commission on appointments or upon
the next adjournment of Congress.
93. How do you distinguish ad-interim appointment from
appointment in an acting capacity.

- Ad-interim appointment- refers to position which need

confirmation by the Commission on Appointment; given only
when Congress is not in session, i.e, when it is in recess.
- Acting capacity- given to those which do not need confirmation;
may be given even when Congress is in session.

94. Discuss the concept of faithful execution clause.

- The faithful execution clause is “not limited to the enforcement

of acts of Congress according to their express terms”.
- It is not limited to formal acts of the legislature but any duty or
obligation inferable from the Constitution or from statutes.
- Under his broad powers to execute the laws, the president can
undoubtedly create ad hoc bodies for purposes of investigating
reported crimes.

95. Distinguish: power of control from power of supervision.

- Power of Control- It implies the powerof an officer to manage,

direct or govern, including the power to alter or modify or set
aside what a subordinate had done in the performance of his
dutes and to substitute his judgment for that of the latter
- Power of Supervision- Supervisory power is the power of
mere oversight over an inferior body which does not include
any restarining authority over such body. A supervising officer
merely sees to it that the rules are followef, bu he himself does
not lay down such rules, nor does he have the discretion to
modify or replace them.
 96. Discuss the doctrine of qualified political agency.
- Under the doctrine of qualified political agency, department
secretaries are alter egos or assistants of the President and
their acts are presumed to be those of the latter unless
disapproved or reprobated by him.

97. What are the military powers of the Philipine President?

- Article VII, Section 18
- The President shall be the Commander-inChief of all armed
forces of the Philipines, and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a
period not exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from the
proclamation of martial law or the suspension of the privilege of
the writ of habeas corpus, the President shall submit a report in
person or in writing to the Congress.

98. Under what conditions may the President call out the armed
forces?

- whenever it becomes necessary, he may call out the such

armed forces to prevent or suppress lawless violence, invasion
or rebellion

99. Under what conditions may the President suspend the

privilege of the writ of habeas corpus?
- In case of invasion or rebellion, when the public safety requires it,
he may, for a period not exceeding 60 days, suspend the privilege of
the writ of habeas corpus or place the Philippines or any part thereof
under martial law.

100. How may Congress revoke the proclamation of martial law?

- The congress, if, not in session, shall, within 24 hours following such
proclamtion or suspension, convene in accordance with its rules
without need of a call.

101. What are executive clemencies? What is the purpose for the
grant of the same?

- Executive clemency is the power of a president to pardon a

person convicted of a crime or commute ( shorten ) the
sentence to be served.
- Refers to the commutation of sentence, conditional pardon and
absolute pardon maybe granted by the president upon
recommendation of the Board
- Purpose : to uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty

102. What is judicial review?

- Power of the courts to test the validity of executive and

legislative acts in light of their conformity with the Constitution.

103. What do you understand by “abuse of discretion”?

- it means capricious, and whimsical exercise of judgment as is
equivalent to lack of discretion
- the abuse of discretion must be patent and gross as to amount
to an evasion of positive duty or a virtual refusal to perform a
duty enjoined by law or to act at all in contemplation of law, as
where the power is exercised in an arbitrary and despotic
manner by reason of passion or hostility.

104. What is a moot case? Can courts decline jurisdiction under

this ground? Are there exceptions?
 - a moot case is one that ceases to present a justiciable
controversy by virtue of supervening events, so that a
declaration thereon would be of no practical use or value.
- Courts decline jurisdiction or dismiss it on ground of mootness.
- Exceptions:
1. Grave violation of the Constitution.
2. Exceptional character of the situation and the paramount
public interest is involved.
3. The constitutional issues raised requires formulation of
controlling principles to guide the bench, the bar and the
public.
4. The case is capable of repetition yet evading review.

105. Cite at least three (3) cases that are required to be heard en
banc.

1. Constitutionality or validity of any treaty or law

2. Criminal cases in which the appealed decision imposes the
death penalty or reclusion perpetua
3. Cases raising movel questions of law

106. What are per curiam decisions? What case/s is it applicable?

- Unless otherwise requested by the Member assigned to write

the opinion of the Court, the decision or resolution shall be
rendered per curiam

a. where the penalty imposed is dismissal from service ,

disbarment, or indefinite suspension in administrative cases;
or
b. in any other case by agreement of the majority of the
Members or upon request of a Member.

107. Discuss the rule-making power of the Supreme Court.

- Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the integrated bar, and legal
assistance to the under-privileged. Such rules shall provide a
simplified and enexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.

108. What are the constitutional safeguards and limitations in the

exercise of rule-making power by the Supreme Court?
1. The SC is a constitutional body. It cannot be abolished nor may
its membership of the manner of its meeting be changed by mere
legislation.
2. The members of the judiciary are not subject to confirmation by
the Commission on Appointment.
3. The members of the Supreme Court may be not be removed
except by impeachment.
4. The Supreme Court may not be deprived of its minimum original
and appellate jurisdiction.
5. The appellate jurisdiction of the Supreme Court may not be
increased by law without its advice and concurrence.
6. The SC now has administrative supervision over all lower courts
and ther personnel.
7. The SC has exclusive power to discipline judges of lower courts.
8. The members of the SC and all lower courts have security of
tenure which cannot be undermined by a law reorganizing the
judiciary.
9. They shall not be designated to any agency performing quasi-
judicial or administrative functions.
10. The salaries of judges may not be reduced during their
continuance in office.
11. The judiciary shall enjoy fiscal autonomy.
12. The SC alone may initiate rules of court.
13. Only the SC may order the temporary detail of judges.
14. The SC can appoint all officials and employees of the judiciary.

109. What are the requisites for judicial review?

a. There must be an actual case calling for the exercise of

judicial power.
b. The persons challenging the act must have the “legal
standing” to challenge
c. Question raised at the earliest opportunity
 d. The issue of unconstitutionality is unavoidable or is the very
lis mota of the case.

110. Explain the operative fact doctrine.

- Even if the law was stricken off as unconstitutional, courts shall still
give recognition to its operative effects that inhered when it still took
effect.

111. May the Ombudsman investigate irregularities in the

performance of a judge independently of any administrative
action by the Supreme Court?

-No. The power of administrative supervision of the Supreme

Court includes the power to discipline judges of lower courts or
order their dismissal. The Ombudsman is duty bound to have all
cases against judges and court personnel filed before it referred to
the Supreme Court for determination as to whether an
administrative aspect is involved therein.

112. What is Bar Integration?

- it means the official unification of all lawyers in the Philippines.

This requires membership and financial support of every
attorney as conditions sine qua non to the practice of law and
the retention of his name in the Roll of Attorneys of the
Supreme Court.

113. Does membership in the IBP violate the consitutional right of

association and property?

- No. The practice of law is a privilege that is subject to

reasonable regulation by the State. Bar integration is mandated by
the Constitution. The lawyer is not compelled to join the association.
Passing the bar examination already made him a member of the bar.
All that integration does is provide a national organization for a well-
defined but unorganized and incohesive group of lawyers. The
payment of annual dues is justified by the need for elevating the
quaity of the legal profession.
114. What are the qualifications of a justice of the Supreme Court?

- Must be a natural born citizen of the Philippines

- At least 40 years of age
- Must have been 15 years or more a judge of the lower court or
engaged in the practice of law in the Philippines

115. What comprised the Judicial and Bar Council?

- Composed of ex-officio members ( Chief Justice as ex-officio

chairman, Sec of Justice and a representative of Congress ) and
regular members ( representative of the IBP, a professor of law, a
retired member of the SC and a representative of the private sector )

116. Must displinary cases (involving judes or lawyers) be heard by

the Supreme Court en banc

- the Court rules that a decision en banc is needed only when the
penalty to be impsed is dismissal of a judge, disbarment of a lawyer,
suspension of either for more than one year or a fine exceeding P
10,000.

117. Cite at least five (5) safeguards to ensure independence of the

Constitutional Commissions.

1. Term of office is seven years; staggered in such a way as

to lessen the opportunity for appointment of the majority of
the body by the same President.
2. Chairman and members may not be reappointed or
appointed or appointed in an acting capacity
3. Enjoys fiscal autonomy
4. Each Commission shall promulgate its own procedural rules
5. Each Commission is allowed to appoint their own official
and employees pursuant to Civil Service Law.

118. Discuss the scope of the Civil Service Law

It covers the:
1. 3 branches
 2. Political subdivisions: LGUs from the autonomous Region down
to the barangays,
3. Instrumentalities
4. Agencies of government including GOCC with original charters

119. Are appointing authorities required to observe the next-in-rank

principle?

- The appointing authority may use this principle as basis of

appointment but definitely not a priority.
- Ultimately it is discretionary of the appointing authority to make
the choice.

120. Are civil servants entitled to engage in concerted activities?

Are there limitations?

- It is not prohibited by the Constitution; the Constitution says civil

servants have the right to join or form an organization or union
for as long as the purpose is not contrary to law whuch may
include egaging in activities in relation the membership in an
organization.
- Exceptions: Unless it is prohibited by law. If there is any
prohibition, it is not the Constitution but the statutes.

121. How do you distinguish career service from non-career

service?

- Career Service – characterized by entrance based on merit and

fitness to be determined, as far as practicable by competitive
examinations, or based on highly technical qualifications;
opportunity for advancement to higher career positions; and
security of tenure.
- Non-career service- characterized by entrance on bases other
than those of the usual tests utilized for the career service;
tenure limited to a period specified by law, or which is co-
terminious with that of the appointing authority or subject to his
pleasure, or which is limied to the duration of a particular
projectfor which is limited to the duration of a particular project
for which purpose the employment was made.
122. What are the qualifications for appointment of
Chairman/Commissioners of COA?

- shall be natural-born citizens of the Philippines

- at the time of their appointment, at least 35 yearsof age
- with proven capacity for public administration
- must not have been candidates for any elective position in the
elections immediately preceding their appointment

123. Under Article IX of the Constitution, what cases are within the
exclusive original jurisdiction of the COMELEC?

- The COMELEC has exclusive jurisdiction to investigate nad

prosecute cases for violations of election laws.

124. Under Article IX of the Constituition, what cases are within the
the appellate jurisiction of the COMELEC?

A. All election cases, including pre-proclamation contests originally

cognizable by the Commission in the exercise of its powers
under Sec. 2 (2), Art IX-C
B. Jurisdiction over a petition to cancel a certificate of candidacy.
C. Even cases appealed from the RTC or MTC have to be heard
and decided in Division before they may be heard en banc.
D. If the COMELEC exercises it quasi-judicial functions then the
case must be heard through a division
E. If the COMELEC exercises its administrative functions then it
must act en banc.

125. When is a person (who files his Certificate of Candidacy)

considered a candidate for the election?

- Any person who files his certificate of candidacy within prescribed

period shall only be considered as a candidate at the start of the
campaign period for which he filed his certificate of candidacy.

126. What are the grounds to declare a duly registered candicate

as a nuisance candidate?
 GROUNDS: certificate of candidacy has been filed:
1. To put the election process in mockery or disrepute or
2. To cause confusion among the voters by the similarity of the
names of the registered candidates or
3. Clearly demonstrate that the candidate has no bona fide
intention to run for the office for which the certificate of
candidacy has been filed and thus prevent a faithful
determination of the true will of the electorate.

127. Cite two (2) instances when failure of elections may be

declared?

1. the ELECTION in any polling place has NOT BEEN HELD on

the date fixed on account of force majeure, violence, terrorism,
fraud, or other analoogous causes;
2. the ELECTION in any polling place had been SUSPENDED
before the hour fixed by law for the closing of the voting on
account of force majeure, violence, fraud, or other analogous
causes

128. Discuss the system of decentralization.

- the transfer of power and authority from central institution to lower or

local levels of a government system

129. What are the substantive requirements that an LGU`s

ordinance must conform to?

1. It must not contravene the Constitution or any statute.

2. It must not be unfair or oppresive.
3. It must not be partial or dicriminatory.
4. It must not prohibit but may regulate trade.
5. It must be general and consistent with public policy.
6. It must not be unreasonable.
130. What is impeachment? What are the grounds for
impeachment?

Impeachment- it is a proceeding against a public officer before

a quasi-judicial olitical court, instituted by written accusation
called articles of impeachment.

Grounds:
1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. Other high crimes
6. Betrayal of public trust

131. Who are the impeachable officers?

- The President
- The Vice-President
- The Members of the Supreme Court
- The members of the Constitutional Commissions
- The Ombudsman

132. When is an impeachment initiated?

-The impeachment proceeding commences upon the filing of the

impeachment conmplaint and referrals to the House Committee of
Justice, coupled with Congress’ taking initial action of said complaint.

133. Discuss the Ombudsman’s discliplinary power over a public

officers? Are there expections to Ombudsman’s disclipnary
power?

The office of the Ombudsman has disciplinary authority over all

elective and appointive officials of the government and its
subdivisions, instrumentalities and agencies, including Members of
the Cabinet, local government, government-owned or controlled
corporations and their subsidiaries. However this power is not
exclusive but is shared with other disciplinary authorities of the
government. Its power over elective officials is concurrent with the
power vested in the officials specified in the LGC of 1991. 
  The ombudsman has no disciplinary powers over the following:
  1. Officials who may be removed by impeachment
  2. Members of Congress
  3. Members of the Judiciary 

134. On what ground/s may the Ombudsman preventively suspend

public officials? Is prior notice and hearing required?

 The Ombudsman is authorised to place public officials or

employees under preventive suspension without pay up to six months
upon a finding of probable cause to hold them liable for offenses
which may warrant their dismissal from the service. The Ombudsman
may preventively suspend any officer or employee under his authority
pending an investigation, if in his judgment the evidence of guilt is
strong, and:
 A. The charge against such officer or employee involves dishonesty,
oppression or grave misconduct or neglect in the performance of
duty;
B. The charges would warrant removal from the service; or
C. The respondent's continued stay in office may prejudice the case
filed against him.
 
Prior notice and hearing is not required before suspension may be
meted out because the suspension is not a punishment or penalty but
only a preventive measure to prevent the respondent from using his
position or office to influence or intimidate prospective witnesses or
tamper with the records which may be vital in the prosecution of the
case against him.

135. Explain the concept of academic freedom.

Academic freedom shall be enjoyed in all institutions of higher
learning. (Sec. 5, Article XIV)

An educational institution enjoys academic freedom - a guarantee

that enjoys protection from the Constitution. Section 5(2), Article XIV
of the 1987 Constitution guarantees all institutions of higher learning
academic freedom. This institutional academic freedom includes the
right of the school or college to decide for itself, its aims and
objectives, and how best to attain them free from outside coercion or
interference save possibly when the overriding public welfare calls for
some restraint. Indeed, the Constitution allows merely the State's
regulation and supervision of educational institutions, and not the
deprivation of their rights. (Raymond Son, et al vs. University of Sto.
Tomas, et al., GR No. 211273, April 18, 2018) 

The essential freedoms subsumed in the term 'academic freedom

encompasses the freedom to determine for itself on academic
grounds: (1) Who may teach, (2) What may be taught, (3) How it shall
be taught, and (4) Who may be admitted to study. Undeniably, the
school's prerogative to provide standards for its teachers and to
determine whether or not these standards have been met is in
accordance with academic freedom that gives the educational
institution the right to choose who should teach.