Constitutional Law Review - Midterm Exam
I. Objective
1. D
2. A state is a community of a numerous
persons occupying permanently a fixed
territory and possesses an independent
government organized for political ends to
which a great body of inhabitants render
obedience. While nation indicates a
relation of birth or origin and implies a
common race. The state is a legal concept
while nation is only a racial or ethnic
concept.
3. TRUE
4. TRUE
5. FALSE
6. TRUE
7. C
8. TRUE
9. FALSE
10. TRUE
11. B
12. FALSE
13. B
14. The Separation of Church and State
Doctrine delineate the boundaries
between the two institutions and avoid
encroachments by one to the other. The
State is barred from meddling with the
purely ecclesiastical affairs of the Church
and the latter is likewise prohibited from
interfering with the purely secular matters
of the State.
15. B
16. Political questions are neatly associated
with the wisdom not the legality of a
particular act. While justiciable questions
are where the vortex of the controversy
refers to the legality of the contested act.
17. TRUE
18. Referendum is the power of the electorate
to approve or reject a legislation through
an election called for the purpose. While
plebiscite is the referendum for the
Constitution.
19. A
20. Privilege from arrest
21. Privilege of speech and debate
22. Incompatible offices is where no Senator
or Member of the House
Representatives may hold any other office
or employment in the Government or any
subdivision, agency, or instrumentality
thereof, including GOCCs or their
subsidiaries, during his term without
forfeiting his seat. While forbidden offices
are where even if the member of the
Congress is willing to forfeit his seat
therein, he may not be appointed to any
office in the government that has been
created or the emoluments thereof have
been increased during his term.
23. D
24. Bill is a proposed or projected law. While a
Statute is the written will of the
legislature, solemnly expressed according
to the forms necessary to constitute it the
law of the state.
25. FALSE
26. FALSE
27. A
28. TRUE
29. Regular appointment is made during
legislative session, made after the
nomination is confirmed by the
Commission on Appointments and
continues until the end of the term of the
appointee. While ad interim appointment
is made during the recess, made before
confirmation of the Commission on
Appointments and shall cease to be valid if
disapproved by such Commission or upon
the next adjournment of the Congress.
30. B
31. NO
32. FALSE
33. The public was unable to ascertain the
purposes and exact amounts of the outlay
for the operations of the Congress and the
allowances of its members because these
were agreed upon among themselves only.
By contrast, other offices of the
government were subject to public budget
hearings conducted by the legislature in
which their recommended outlays were
scrutinized.
In other words, appropriation sub rosa is
where special appropriations measure is
done even though the funds are
unavailable.
34. FALSE
of
35. FALSE end thirty days thereafter. The campaign
36. C period for presidential and vice
presidential election shall be ninety days,
37. C
for election of members of the batasang
38. TRUE pambansa and local election, it shall be
39. TRUE forty five days and fifteen days for
40. A barangay election. It cannot extend beyond
the election day and ends two days before
41. FALSE the election.
42. FALSE 73. TRUE
43. TRUE 74. TRUE
44. NO 75. B
45. C 76. FALSE
46. TRUE 77. TRUE
47. That the legislature is willing to retain the 78. FALSE
valid portions even if the rest of the statute
is declared illegal. 79. TRUE
48. That the valid portions can stand 80. Amendment refers to isolated or
independently as a separate statute. piecemeal change only. Whereas, revision
is a revamp or rewriting of the whole
49. B instrument.
50. FALSE II. PROBLEMS
51. TRUE 1. No. The law prohibits any member of the
52. B Congress to hold any office or employment
53. Twenty four months from date of in the Government during his term
submission without forfeiting his seat. Adanza had
automatically forfeited the governorship
54. Twelve months from date of submission
the moment he took his oath as a member
55. Three months from date of submission of the Batasang Pambansa.
56. True 2. I disagree. The Constitution vested power
57. Career service over the President to control all executive
58. Non career service departments and, bureaus or offices. Thus,
if the Secretary of Agriculture and Natural
59. Highly Technical
Resources has authority to regulate and
60. Primarily Confidential ban fishing travel then the President may
61. Policy Determining exercise the same power and authority.
62. FALSE 3. No. A proper party is one who has
63. FALSE sustained or is in immediate danger of
sustaining an injury as a result of the act
64. Term is the time during which the officer complained of. In the given case, the
may claim to hold the office as of right and patients of the physician and not the
fixes the interval after which the several physician himself were the proper parties.
incumbents shall succeed one another,
while tenure is the period during which 4. No. The requirement that an aggrieved
the incumbentactually holds the office. party must first file a motion for
reconsideration of a resolution of the
65. B division to the Commission en banc is
66. D mandatory and jurisdictional in invoking
67. TRUE the power of review of the Supreme Court.
Failure to abide by this procedural
68. B
requirement constitutes a ground for
69. B dismissal of the petition.
70. TRUE
71. TRUE
72. Election period shall commence ninety
days before the day of election and shall