Constitutional Law Review - Final Exam

I. Objective 34. Probable cause must be determined

personally by the judge
1. Power of Taxation 35. Probable cause must be made after
examination under oath or affirmation of
2. Power of Eminent Domain
the complainant and the witnesses he may
3. Police Power produce
4. TRUE 36. Must particularly describe the place to be
5. B searched and the persons or things to be
6. TRUE seized
7. FALSE 37. TRUE
8. LAWFUL SUBJECT – the interests of the 38. Preliminary inquiry determines probable
public require the exercise of the police cause for the issuance of a warrant of
power arrest, while preliminary investigation
ascertains whether the offender should be
9. LAWFUL MEANS – reasonable necessary held for trial or be released.
for the accomplishment of the purpose and
not unduly oppressive upon individuals 39. TRUE
10. TRUE 40. AGREE
11. A 41. TRUE
12. A 42. The person to be arrested must execute an
overt act indicating that he has just
13. TRUE committed an offense , is actually
14. FALSE committing or is attempting to commit a
15. NO crime
16. Taxes are levied to raise revenues whereas 43. Such overt act is done in the presence or
the licenses are imposed for regulatory within the view of the arresting officer
purposes only. 44. TRUE
17. B 45. TRUE
18. TRUE 46. B
19. FALSE 47. NO
20. FLASE 48. D
21. FALSE 49. AGREE
22. FALSE 50. In Freedom to believe, the individual is
23. NOTICE free to believe as he pleases concerning
hereafter. However absurd his beliefs may
24. HEARING
be to others, he has full freedom to believe
25. B as he pleases. On the other hand, in
26. TRUE freedom to act on one’s beliefs, his
27. C freedom is subject to the authority of the
state for the individual externalizes his
28. Must be based upon substantial
beliefs in acts or omissions that affect the
distinctions
public.
29. Must be germane to the purposes of the
51. FREEDOM FROM PREVIOUS RESTRAINT
law
OR CENSORSHIP
30. Must not be limited to existing conditions
52. FREEDOM FROM SUBSEQUENT
only
PUNISHMENT
31. Must apply equally to all members of the
53. Content based restraint is aimed at the
class
contents or idea of expression, while
32. C content neutral restraint intends to
33. Must be based upon probable cause regulate the time, place and manner of the
expression under well-defined standards
 tailored to serve a compelling state
interest, without restraint on the message
of the expression.
54. FALSE
55. CLEAR AND PRESENT DANGER RULE
56. DANGEROUS TENDENCY DOCTRINE
57. BALANCE OF INTEREST TEST
58. A
59. TRUE
60. TRUE
61. The law must refer to criminal matters
62. The law must be retroactive in its
application
63. The law must be to the prejudice of the
accused
64. TRUE
65. B
66. FALSE
67. Must be voluntary
68. Must be with the assistance of counsel
69. Must be in writing
70. Must be express
71. The presumption of innocence must
prevail as the law imposes upon the
prosecution the highest degree of proof of
evidence to sustain conviction. The
presumption of regularity in the
performance of official functions cannot by
itself affect the constitutional presumption
of innocence enjoyed by an accused,
particularly when the prosecution’s
evidence is weak.
72. TRUE
73. The accused has already been arraigned
74. The accused has been duly notified of the
trial
75. The accused’s failure to appear is
unjustified
76. B
77. FALSE
78. 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. Whereas, dual allegiance
refers to a situation in which a person
simultaneously owes, by some positive act,
loyalty to two or more states. While the
former is involuntary, the latter is the
result of an individual’s volition.
79. A person whose parents are citizens of a
state which adheres to the principle of jus
sanguinis is born in a state which follows
the doctrine of jus soli.
80. Unmarried minor children of those natural
born Filipino citizens who reacquire or
retain their Philippine citizenship despite
their naturalization in another country.
II. PROBLEMS
1. His petition must be dismissed. In a similar
jurisprudence, such petition must be
dismissed on the ground that the condition
of the bail bond that he would be available
at any time the court should require his
presence. Moreover, his reason for leaving
was not urgent and it had not been shown
that his sureties had agreed to his
departure.
2. No. In a case decided by the Supreme
Court, Section 5 of the Cybercrime Law
was declared unconstitutional. Self-
inhibition borne of fear of what sinister
predicaments await internet users will
suppress otherwise robust discussion of
public issues. Democracy will be
threatened and with it, all liberties. The
term “aiding or abetting” constitute brood
sweep that generates a chilling effect on
those who express themselves through
cyberspace posts, comments and other
messages. Its vagueness raises
apprehension on the part of internet users
because of its obvious chilling effect on the
freedom of expression, especially since the
crime of aiding and abetting ensnares all
the actors in the cyberspace front in a
fuzzy way. Penal laws should provide
reasonably clear guidelines for law
enforcement officials and triers of fact to
prevent arbitrary and discriminatory
enforcement.