San Sebastian College Recoletos

College of Law
Surigao City Extension

MIDTERM EXAMINATIONS: CONSTITUTIONAL LAW 1

INSTRUCTIONS:

Read each question very carefully. Answer the essay

questions clearly and concisely. Your answers should demonstrate
your ability to analyse the given facts and apply the pertinent
laws and jurisprudence (cite your legal bases) and arrive at sound
and logical conclusions.

Answers must fully explain even if the questions do not

expressly require explanations. A mere “YES” or “NO” answers
sans explanation or discussion will not be given credit.

I.

1. Discuss the meaning of the “Constitution” emphasizing

on the essential parts of a good written constitution.
2. Enumerate and discuss thoroughly, the rules to be
employed in the interpretation and construction of the of
the law.

II.

1. Discuss and explain thoroughly the steps in the

amendatory process of the 1987 Constitution.
2. Compare and contrast Political Question and Justiceable
Question or controversy.
3. Compare and contrast Judicial Supremacy and
Constitutional Supremacy.

III.

1. Discuss and briefly explain the requisites of Judicial

Review.
2. Discuss the meaning of “To doubt is to sustain”, the
doctrine of purposeful hesitation.
3. Discuss the two (2) views with respect to the effects of
the declaration of Unconstitutionality of the law.
4. Discuss the meaning of “Operative Fact Doctrine”.

IV.

1. Define State.
2. Enumerate and discuss the essential elements of the
State.
3. Discuss the meaning of the doctrine of Parens Patriae.
4. Define and discuss the importance of the natural born
citizen of the Philippines.
5. Under the 1987 Constitution, enumerate and briefly
discuss the modes of acquiring Filipino citizenship.

V.

1. Discuss the doctrine of “Implied election”.

2. Discuss the doctrine of “Indelible allegiance”.
3. Discuss the “reasonable period” of election of Philippine
citizenship citing the case of Vicente Ching.
5. Is Filipino dual citizenship proscribed? Why not.
6. Who are deemed Filipino Citizens?

VI.

1. The President issued Letter of Instruction (LOI) ordering

the deployment of members of the Philippine Marines in
the metropolis to conduct joint visibility patrols with
members of the Philippine National Police in various
shopping malls. Will this not violate the civilian
supremacy clause under Section 3, Article II of the
Constitution? Does this not amount to an "insidious
incursion" of the military in the task of law enforcement in
violation of Section 5(4), Article XVI of the Constitution?

VII.

1. Under the doctrine of immunity from suit, the State cannot be

sued
without its consent. How may the consent be given by the State?
Explain your answer.
2. The doctrine of immunity from suit in favor of the State extends to
public officials in the performance of their official duties. May such
officials be sued nonetheless to prevent or to undo their
oppressive or illegal acts, or to compel them to act? Explain your
answer.
3. Do government-owned or -controlled corporations also enjoy the
immunity of the State from suit? Explain your answer.

VIII.

1. Discuss the concept of "jura regalia" and how it evolved in the

Philippines. Does it negate native title to lands held in private
ownership since time immemorial?
2. Is the right to a balanced and healthful ecology any less important
than any of the civil and political rights enumerated in the Bill of
Rights? Explain.
 IX

1. Define Social Justice citing the case of Calalang vs. Williams.

2. Enumerate and discuss briefly and concisely the manifestations of
“Republicanism”.
3. Discuss the importance of the fundamental equality of men and
women.
4. Discuss the requirement of public service and full public disclosure.

X.

1. How did Spain acquire the Philippines? Discuss comprehensively.

Good luck!

Judge Dante R. Corminal