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The unabated rise of criminality and the reported identification of delinquent children loitering in the
wee hours of the night prompted Pasay City to implement a curfew ordinance. Minors
unaccompanied or unsupervised on the streets by their parents or guardians between 10:00 P .M. to
5 :00 A.M. may be apprehended by law enforcers subject to certain exclusive exceptions. These
exceptions are: 1. minors running lawful errands, such as buying of medicines, using of
telecommunications facilities for emergency purposes and the like; 2. night school students; and 3.
minors working at night. Minors apprehended for violation of the curfew ordinance shall be required
to undergo counseling, accompanied by their parents/guardians. 
 
(a) What are the obligations of the State over the minor children? (2.5%)
(b) Does the curfew ordinance violate the primary right and duty of parents to rear their children?
Explain. (2.5%);
 (c) Does the curfew ordinance infringe any of the minors' fundamental rights? Explain. (2.5%)
 

A.)
THE OBLIGATION OF THE STATE TO MINOR CHILDREN MUST READ TO THE
INCULCATION OF THE MORAL STANDARDS, BY THE RELIGIOUS BELIEFS ALSO THE
ELEMENTS OF BEING A GOOD CITIZENSHIP. THIS PROCESS WILL TEACH AND GUIDE
AND TO GIVE EXAMPLE TO THE ESSENTIAL GROWTH OF THE MINORITY INTO THE
MATURE PEOPLE, TO BE ABLE TO SOCIAL RESPONSIBLE OF THE CITIZENSHIP.

B.)
NO.  THE CURFEW OF ORDINANCE DOES NOT VIOLATE THE PRIMARY RIGHTS AND
DUTY OF THE PARENTS TO REAR THEIR CHILD. 
THE STATE HAS THE DUTY OD PROTECTIONG THE RIGHTS OF THE PERSONS OR AN
INDIVIDUAL BECAUSE OF THE AGE OR INCAPACITY THAT WAS UNFAVORABLE
POSITION. PARENTS HAS A PRIMARY ROLE OF THEIR CHILDREN THIS WILL BE
STRESSED WHEN THE ACTIONS ARE CONCERNED TO THE CHILD AND HAD THISE
RELATIONS INTO THE PUBLIC WELFARE OF THE CHILD.  THE STATE WILL PROMOTE
THE INTEREST OF AN LEGITIMATE, THIS WILL HARM BY PHYSICAL PR MENTAL
HEALTH OF THE CHILD, THE SAFETY, THE WELFARE, PEACE AND ORDER. THE
INTEREST OF PARENTS SHOULD BE QUALIFIED TO UPBRING OF THEIR CHILDREN.
THE STATE SHOULD BE INHERENT THE RIGHT AND DUTY TO AID THE MORAL
DEVELOPMENT OF THEIR CHILDREN THIS WILL SUPPORTING THE ROLE FOR
PARENTS TO FULFILL THEIR PARENTAL OBLIGATION ACCORDING TO THE PARENS
PATRIAE.

C.)
YES. IT INFRIDGE TO ANY MINORS FUNDAMENTAL RIGHTS.
THE ORDINANCES ARE INADEQUATE AND IT DOEST NOT PROVIDE BY THE
EXCEMPTION TO THE RIGHT OF THE ASSOCIATIONS.  THE EXCEPTION OF MINORS IS
TO FREE THE EXERCISE OF THE FUNDAMENTAL RIGHTS LIKE CURFEW HOURS AND
IT WILL BE ACHIEVE BY THE PURPOSE OF THE STATE., TO FREE THE EXERCISE OF
THE RELIGION, THE RIGHTS OF ASSEMBLE, TO FREE THE EXPRESSION TO THE
OTHERS ALSO THIS WILL BE RISK TO THE RESTRICTING MINORS ABOUT THE
FUNDAMENTAL FREEDOMS.

Question 2
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The framers of the 1987 Constitution and the people who ratified it made sure that provisions
institutionalizing people power were incorporated in the fundamental law, Briefly discuss at least two
such provisions. (2.5%)

A)
UNDER ARTICLE 13 SECTION 15 OF THE CONSTITUTION THAT THE STATE SHALL
RESPECT THE ROLE OF INDEPENDENT PEOPLE'S ORGANIZATION TO ENABLE THEM
TO PURSUE AND PROTECT WITHIN THE DEMOCRTIC FRAMEWORK, THE LEGITIMATE
AND COLLECTIVE INTEREST AND ASPIRATIONS THROUGH PEACEFUL LAWFUL
MEANS. THE CONSTITUTION GUARANTEES TO SUCH ORGANIZATIONS THE RIGHT TO
PARTICIPATE AT ALL GOOD LEVELS OF SOCIAL, POLOTICAL AND ECONOMIC
DECISION MAKING AND THE STATE IS REQUIRED TO VALIDATE THE
ESTABLISHMENT OF ADEQUATE MECHANISM FOR THIS PURPOSE.

B)
UNDER ARTICLE  6 SECTION 1, WHILE VESTING THE CONGRESS THE LEGISLATIVE
POWER STATE THAT SUCH THE COFERMENT OF POWER SHALL BE SUBJECT TO THE
RESERVATION MADE IN FAVOR OF THE PEOPLE BY PROVISION ON INITIATIVES AND
REFERENDUM, FOR THIS PURPOSE, THE CONGRESS IS REQUIRED AS EARLY AS
POSSIBLE TO PROVIDE THE SYSTEM OF INITIATIVE AND REFERENDUM WHEREBY
THE PEOPLE CAN DIRECTLY PROPOSED AND ENACT LAWS OR APPROVED OR REJECT
AN ACT LAW OR PART THEREOF PASSED BY THE CONGRESS OF THE LEGISLATIVE
BODIES  AFTER THE REGISTRATION OF A PETITION THEREFOR, SIGNED AT LEAST 10
PERCENT OF THE TOTAL NUMBER OF REGISTERED VOTERS WHICH THAT THE
LEGISLATIVE DISTRICT MUST BE REPRESENTED BY AT LEAST 3 PERCENT OF THE
REGISTERED VOTERS. THE CONSTITUTION ALSO PROVIDES THAT THE INITIATIVE
UPON THE PETITION OF AT LEAST 12 PERCENT OF THE TOTAL NUMBER OF
REGISTERED VOTERS OF WHICH THE LEGISLATIVE DISTRICT MUST REPRESENTED
BY AT LEAST 13 PERCENT OF THE REGISTERED VOTERS HEREIN, AMENDMENTS TO
THE CONSTITUTION MAY DIRECTLY PROPOSED BY THE PEOPLE

Question 3
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A proposal to change a provision of the 1987 Constitution has been put forth as follows: 
 
Original Text: "The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them." 
 
Proposed Text: "The Philippines is a democratic and socialist State. Sovereignty resides in the party
and all government authority emanates from it." 
 
Is this an amendment or a revision? Explain. (5%) 

-THE PROPOSAL OF THE CONSTITUTION WAS PROPOSED BY THE CONGRESS A VOTE

OF 3/4 OF ALL ITS MEMBERS OR BY THE CONSTITUTION CONVENTION. THE
CONGRESS SHALL VOTE INTO 2/3 OF ALL ITS MEMBERS OR BY MAJORITY OF ALL ITS
MEMBERS AND SUBMIT TO THE ELECTORATE QUESTIONS BY CALLING OF SUCH
CONVENTION
-UNDER ARTICLE 17 SECTION 1,2,3 AND 4. THE RATIFICATION OF 1987 OF THE
CONSTITUTION WAS VALID  BY THE MAJORITY OF THE VOTE CAST IN THE
PLEBICITE WHCH SHALL NOT BE HELD NOT EARLIER THAN 60 DAYS NOR LATER
THAN 90 DAYS AFTER THE APPROVAL OF SUCH AMENDMENT OR REVISION

Question 4
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In 2014, Congress enacted an appropriation law containing a provision that gives individual
legislators the discretion to determine, post-enactment, how much funds would go to a specific
project or beneficiary which they themselves also determine. Consequently, disbursements were
made in the interim pursuant thereto. Eventually, Richard  Prudenciado, a law student from the City
University of Pasay and a taxpayer,  filed a petition questioning the constitutionality of the statutory
provision on the ground that it violates the separation of powers principle. On the other hand, certain
Congressmen argued that there was nothing wrong with the provision because, after all, the power to
appropriate belongs to Congress. Rule on the arguments of the parties. (5%)

TO RULE SUCH ARGUEMENTS OF THE PARTIES IN FAVOR TO RICHARD

PRUDENCIADO, A LAW STUDENT OF THE CITY UNUVERSITY OF PASAY AS
TAXPAYER, THIS PROVISION WAS UNCONSTITUTIONAL AND IT WAS VIOLATED BY
THE SEPARATION OF POWERS. THE NATIONAL BUDGET OF THE ENFORCEMENT WAS
CONTAINED IN TO THE GENERAL APROPRIATIONS ACT. IT IS INDISPUTABLY AND
FUNCTION OF BOTH CONSTITUTIONALLY ASSIGNED BY THE GOVERNMENT ALSO
THE EXECUTIVE BRANCH. THIS IS LIMITED TO THE SCRUNITY AND INVESTIGATION
AND THE CONGRESSIONAL MUST CONFINED BY THE SCRUNITY BASED TO THE
PRIMARILY OF THE CONGRESS POWER BY THE APPROPRIATION ALSO THE BUDGET
HEARINGS THAT WAS CONDUCTED OF THE CONNECTIONS AND IT IS ALSO THE
POWER TO ASK THE HEADS OF THE DEPARTMENTS TO APPEAR BEFORE OR EITHER
TO BE HEARD BY THE HOUSE ABOUT ANY MATTERS AND THE DEPARTMENTS HAS
THE POWER TO CONFIRM FOR IT. THE POWER OF CONGRESS SHALL ALSO
INVESTIGATE AND MONITORED THOSE IMPLEMENTATIONS OF THE INQUIRIES OF
LEGISLATION AID. THIS CASE, THE SEPARATION OF THE POWERS OR ANY ACT OR
STEP OF THE WILL WILL GUARANTEE BY ITS CONSTITUTION.

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