CONSTITUTIONAL LAW I

COLLEGE OF LAW
UNIVERSITY OF CALOOCAN CITY
MIDTERM EXAMINATION
Prepared By: Prof. Ma. Nerissa T. Azurin

INSTRUCTIONS

1. This Questionnaire contains THIRTEEN (13) pages including this page. Check the
number of pages and their proper sequencing.

2. Do NOT write your names. Write only your student numbers on every paper.
Marking of your papers with your name or other identifying signs or symbols
extraneous to the subject matter of the questions may be considered as cheating,
and may disqualify you for the whole examinations. Strictly avoid erasures.

3. This Questionnaire is divided into two (2) parts: Part I and Part II.

3.A Part I consists of essay questions. Answer each essay question on separate one
– half (1/2) crosswise yellow papers. An answer to a sub-question under the
same number set may be written continuously on the same paper. Do NOT
rewrite the questions.

3.B Part II consists of multiple choice questions. All answers thereto should be
written on one paper only with the same size.

4. Do NOT write at the back page of your papers. Do NOT leave unanswered
questions. Read each question carefully and note the points allocated for each
question.

5. In sending your papers online, follow the sequence and the numbering system used
in the Questionnaire. Send all photos collectively to atty.azurin@gmail.com. You
may only submit ONCE.

6. Your answers should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at sound and logical conclusions.
Always support your answers with the pertinent laws, rules, and/or jurisprudence.
A mere "yes" or "no" answer without any corresponding explanation or discussion
may not be given full credit.

MAY THE MERCY OF GOD BE UPON YOU.

1|JD – 1A – Law 112

 PART I

I.

The League of Filipino Political Scientists (LFPS) organized an

international conference on the human rights situation in Myanmar at
the Central Luzon State University (CLSU). An exiled Myanmar professor
Sung Kui, critical of the military government in Myanmar, was invited as
keynote speaker.

The Secretary of Foreign Affairs informed the President of the

regional and national security implications of having Prof. Kui address
the conference. The President thereupon instructed the immigration
authorities to prevent the entry of Prof. Kui into Philippine territory. The
chancellor of CLSU argued that the instruction violates the Constitution.

Is the argument correct? (10%; 2010 Bar Examination)

II.

President AAA signs an agreement with his counterpart in another

country involving reciprocity in the treatment of each country's nationals
residing in the other's territory. However, he does not submit the
agreement to the Senate for concurrence.

Sec. 21, Art. VII of the Constitution provides that no treaty or

international agreement shall be valid and effective without such
concurrence.

Is the agreement signed by President AAA effective despite the lack

of Senate concurrence? Explain your answer fully. (10%; 2017 Bar
Examination)
 III.

Margie has been in the judiciary for a long time, starting from the
lowest court. Twenty (20) years from her first year in the judiciary, she
was nominated as a Justice in the Court of Appeals. Margie also happens
to be a first-degree cousin of the President. The Judicial and Bar Council
included her in the short-list submitted to the President whose term of
office was about to end – it was a month before the next presidential
elections.

Can the President still make appointments to the judiciary during

the so-called midnight appointment ban period? Assuming that he can
still make appointments, could he appoint Margie, his cousin? (10%;
2014 Bar Examination)

IV.

Distinguish pardon from amnesty. (5%)

V.

Do government-owned or -controlled corporations also enjoy the

immunity of the State from suit? Explain your answer fully. (5%)

VI.

In its pathetic attempt to join the largest terrorist group in the

Middle East, Al Shabu Group began to attack the local government of
Cotabato City aiming to overthrow the same. In response thereto,
President AAA declared Martial Law. In his report to the Congress, the
latter, by a majority vote in special session, revoked such declaration
citing the point that such terrorist attack is not a valid ground. President
AAA however maintained his proclamation arguing the exigency of the
situation in his capacity as the Commander – in – Chief.

Is President AAA correct? (10%)

VII.

President AAA died during his third year in office. In accordance

with the Constitution, Vice President BBB succeeded him. President BBB
then nominated the late President AAA's Executive Secretary, CCC, as
her replacement as Vice President. The nomination was confirmed by a
majority of all the Members of the House of Representatives, voting
separately.

(a) Is CCC’s assumption as Vice President valid? (10%)

(b) Can BBB run as President in the next presidential election? (5%;
2008 Bar Examination)

VIII.

In the foregoing question, assuming that CCC validly held the

position, President BBB appoints CCC as his Administration's Housing
Czar, a position that requires the appointee to sit in the Cabinet. Although
the appointment of the members of the Cabinet requires confirmation by
the Commission on Appointment (CA), the Office of the President does not
submit the appointment to the CA.

May CCC validly sit in the Cabinet? (10%; 2008 Bar Examination)
 PART II

1) May an incumbent Justice of the Supreme Court be disbarred as

a lawyer?

(A) No, it will amount to removal.

(B) No, his membership in the bar is secure.

(C) Yes, by the Supreme Court itself.

(D) Yes, by Congress in joint session.

2) Since the Constitution is silent as to who can appoint the

Chairman of the Commission on Human Rights, the President appointed
W to that position without submitting his appointment to the Commission
on Appointments for confirmation. Is W’s appointment by the President
valid?

(A) No, since the position of Chairman of the Commission was

created by statute, the appointment of its holder requires the consent of
Congress.

(B) Yes, since the power to appoint in the government, if not lodged
elsewhere, belongs to the President as Chief Executive.

(C) Yes, since the power to fill up all government positions mentioned
in the Constitution has been lodged in the President.

(D) No, because absent any express authority under the

Constitution, the power to appoint does not exist.
 3) A government that actually exercises power and control as
opposed to the true and lawful government is in terms of legitimacy

(A) a government of force.

(B) an interim government.

(C) a de facto government.

(D) an illegitimate government.

4) When the President contracted a personal loan during his

incumbency, he may be sued for sum of money

(A) during his term of office.

(B) during his tenure of office.

(C) after his term of office.

(D) after his tenure of office.

5) The President CANNOT call out the military

(A) to enforce customs laws.

(B) to secure shopping malls against terrorists.

(C) to arrest persons committing rebellion.

(D) to raid a suspected haven of lawless elements

 6) Associate Justice A retires from the Supreme Court 90 days before
the forthcoming Presidential election. May the incumbent President still
appoint Justice A's successor?

(A) No, it will violate the Constitutional prohibition against midnight

appointments.

(B) Yes, filling up of vacancies in the Supreme Court is not prohibited

by Sec. 15, Art. VII.

(C) Yes, vacancies in the Supreme Court should be filled within 90

days from submission of JBC nominees to the President.

(D) No, the incumbent President must yield to the choice of the next
President

7) Whose appointment is NOT subject to confirmation by the

Commission on Appointments?

(A) Chairman of the Civil Service Commission

(B) Chief Justice of the Supreme Court

(C) Chief of Staff of the Armed Forces of the Philippines

(D) Executive Secretary

8) Following COMELEC Chairman Bocay's conviction for acts of

corruption in the impeachment proceedings, he was indicted for plunder
before the Sandiganbayan and found guilty, as charged. Can he get
Presidential pardon on the plunder case?

(A) No, plunder is not a pardonable offense.

 (B) No, conviction in a criminal case for the same acts charged in the
impeachment proceedings is not pardonable.

(C) Yes, convictions in two different fora for the same acts, are too
harsh that they are not beyond the reach of the President’s pardoning
power.

(D) Yes, conviction in court in a criminal action is subject to the

President's pardoning power.

9) The President's appointment of an acting secretary although

Congress is in session is

(A) voidable.

(B) valid.

(C) invalid.

(D) unenforceable.

10) During his incumbency, President Carlos shot to death one of

his advisers during a heated argument over a game of golf that they were
playing. The deceased adviser’s family filed a case of homicide against
President Carlos before the city prosecutor’s office. He moved to dismiss
the case, invoking presidential immunity from suit. Should the case be
dismissed?

(A) Yes, his immunity covers his interactions with his official family,
including the deceased adviser.

(B) No, his immunity covers only work-related crimes.

 (C) Yes, his immunity holds for the whole duration of his tenure.

(D) No, his immunity does not cover crimes involving moral
turpitude.

11) The President may proclaim martial law over a particular

province subject to revocation or extension

(A) by Congress, subject to ratification by the Supreme Court.

(B) by the Supreme Court en banc

(C) by majority vote of Congress

(D) by two - thirds vote of Congress

12) When the President orders the Chief of the Philippine National
Police to suspend the issuance of permits to carry firearms outside the
residence, the President exercises

(A) the power of control.

(B) the Commander-in-Chief power.

(C) the power of supervision.

(D) the calling out power.

 13) Constitution is defined by Cooley as:

(A) a body of statutory, administrative and political provisions by

which the three branches of government are defined;

(B) a body of rules and maxims in accordance with which the powers
of sovereignty are habitually exercised;

(C) a body of rules and edicts emanating from the rulings of courts
and written guidelines of the executive and the legislature by
which government is governed;

(D) a body of interpretations and rules by which the three branches

of government are judged for purposes of sovereign compliance
with good corporate governance.

14) The Constitution declares that the Philippines is a republican

state. Republicanism means:

(A) the form of government must be presidential;

(B) the representatives of the government are elected by the people;

(C) sovereignty resides in the elected representatives of the

government;

(D) the form of government cannot be changed by the people.

15) Which of the following best exemplifies how the system of checks
and balances is carried out:

(A) the legislature passes a law that prohibits the president from
commuting a judiciary imposed sentence, as a check of the
president;
 (B) the President pardons a convict as a way to set aside or modify
a judgment of the judiciary;

(C) the judiciary overturns a pardon granted by the President as a

check on executions;

(D) the President pardons an accused after arraignment in the

interest of justice.

16) The privilege of the writ of habeas corpus shall not be suspended
except in cases of:

(A) imminent danger of invasion or rebellion when the public safety

requires it;

(B) grave danger of invasion or rebellion when the public safety

requires it;

(C) clear and present danger of invasion or rebellion when the public
safety requires it;

(D) invasion or rebellion when the public safety requires it.

17) In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30, 1993, the
Supreme Court held that the personality of the petitioners to sue is based
on the concept of:

(A) ecological responsibility;

(B) environmental accountability;

(C) intergenerational responsibility;

(D) interdisciplinary responsibility.

 18) Which one is NOT among the Constitutionally mandated
grounds for impeachment of impeachable officials:

(A) culpable violation of the Constitution;

(B) treason, bribery, graft and corruption and other high crimes;

(C) betrayal of public trust;

(D) culpable violation of the duty to be at all times accountable to

the people.

19) Who is NOT an impeachable public officer:

(A) a justice of the Supreme Court;

(B) a commissioner of the Comelec;

(C) the administrator of the Supreme Court;

(D) the Ombudsman.

20) Who has the exclusive power to initiate all cases of

impeachment:

(A) the Senate;

(B) the House of Representatives;

(C) the Senate President;

(D) the Speaker of the House of Representatives.

 21) The President may contract or guarantee foreign loans on behalf
of the Republic of the Philippines only upon prior concurrence of the:

(A) House of Representatives;

(B) Senate;

(C) Central Bank;

(D) Monetary Board.

22) The separation of Church and State is most clearly violated

when:

(A) the State funds a road project whose effect is to make a church
more accessible to its adherents

(B) the State declares the birthplace of a founder of a religious sect

as a national historical site

(C) the State expropriates church property in order to construct an

expressway that, among others, provides easy access to the Church's
main cathedral

(D) the State gives vehicles to bishops to assist them in church-

related charitable projects

23) Under the so-called doctrine of qualified political agency,

(A) civil servants must first qualify before they could be appointed to
office

(B) all employees in the government are merely agents of the people
 (C) the acts of subordinates presumptively of those of the heads of
offices disapproves them

(D) members of the Cabinet must have the absolute trust and
confidence of the President

24) How many votes is required in order to grant commutation?

(A) majority vote of Congress

(B) majority vote of the senate

(C) two – thirds vote of Congress

(D) none

25) How many votes is required in order for Congress to determine

whether or not the president can discharge his functions?

(A) majority vote of Congress

(B) majority vote of the senate

(C) two – thirds vote of Congress

(D) none

“Rise and Rise again until lambs become lions.”