CONSTI PAST EXAMS

1. What is state?
- A state refers to a community of persons, more or less numerous, permanently occupying
a definite portion of territory, independent of external control, and possessing an
organized government to which the great body of inhabitants render habitual obedience.

2. What is social justice?

- Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the
humanization of the laws and the equalization of the social and economic forces by the
State so that justice in its rational and objectively secular conception may at least be
approximated. (Calalang v. Williams)
- Social justice simply means the equalization of economic, political, and social
opportunities with special emphasis on the duty of the state to tilt the balance of social
forces by favoring the disadvantaged in life.

3. What is gerrymandering?
- is the formation of one legislative district out of separate territories for the purpose of
favoring a candidate or a party.

4. Can a religious leader be a representative?

- Yes. The prohibition found in the constitution is against representation of religious sectors
but not against religious leaders becoming representatives.

5. When can a bill become a law?

- Bill become a law when the President approved it. In cases when the President vetoes it
the congress may override it by ⅔ votes from both houses and approve such a bill. The
publication is a requisite for a bill to become law.

6. Can legislative power be delegated?

- The doctrine of non-delegability of the legislative powers rests on the ethical principle that
a delegated power constitutes not only a right but duty to be performed by the delegate
by the instrumentality of his own judgment and not through the intervening mind of
another.

7. Importance on the life of the mother and unborn child

- When necessary to save the life of the mother, the life of the unborn may be sacrificed;
but not when the purpose is merely to save the mother from emotional suffering, for
which other remedies must be sought, or to spare the child from a life of poverty, which
can be attended to by welfare institutions.

8. Parens Patriae
- parent of the people.” One of the important tasks of the government is to act for the State
as parens patriae, or guardian of the rights of the people.

9. National Territory - article 1

10. Terms vs tenure

- Term is the period during which an official is entitled to hold office. Tenure is the period during
which the official actuallyholdsthe office. Tenure can be shortened, e.g., by death or removal. But
the term is changed only by amendment.

11. Veto power

- The president may refuse to sign a bill, sending the bill back to the house where it
originated along with his objections. Congress may override the veto via a ⅔ vote with
both houses voting separately, after which bill becomes law.The President may also
exercise the item-line veto on money bills.

12. Should all bills originate from the house

- No. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt,
bills of local application and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.

13. House of rep and senate

14. Enrolled bill

- The signing of bills by the Speakerof the House and the Presidentof the Senate and the
certification of the secretaries of both Houses of Congress that such bill was passed are
conclusive of its due enactment.

15. Journal - . A legislative journal is defined as “the official record of what is ‘done and past’ in a
legislative body

16. Archipelagic Doctrine - It is the principle whereby the body of water studded with islands, or the
islands surrounded with water, is viewed as a unity of islands and waters together forming one
integrated unit

17. Referendum vs initiative - Initiative is The power of the people to propose amendments to the
Constitution or to propose and enact legislation. While, referendum is the Power of the electorate
to approve or reject legislation through an election called for the purpose

18. Prohibitions on a member of Congress relative to the practice of profession?

19. Special session vs regular session

- A Special session is one called by the President while the legislature is in recess. During
a special session the legislature could consider only the subject matter designated by the
President.
- Regular session convene once every year on the fourth monday of July unless a different
date is fixed by law.

20. Value of journal as evidence when it conflicts with evidence such as testimonies of witness - . The
Journal is conclusive upon the Courts (US v. Pons)

21. Journal is in conflict with enrolled bill

- The "enrolled bill"is the official copy of approved legislation and bears the certification of
the presiding officer of the legislative body. The respect due to a coequal department
 requires the courts to accept the certification of the presiding officer of the legislative
body.
- The Supreme Court has explicitly left this matter an open question in Morales v. Subido,
27 SCRA131 (1969).

22. Electoral tribunal - The Electoral Tribunal shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective members. The tribunal has the power to
promulgate rules relating to matters within its jurisdiction, including period for filing election
protests.

23. Composition of electoral tribunal - Each electoral tribunal shall be composed of 9 members. 3
from the Supreme Court to be designated by the Chief Justice and 6 from the respective House

24. Decision of electoral tribunal appealable to the SC

- Judicial review of decisions or final resolutions of the Electoral Tribunals is possible only in the
exercise of the Court's so-called extraordinary jurisdiction upon a determination that the tribunal's
decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of
discretion constituting denial of due process.

25. Disciplinary action of congress subject to judicial review

- No,because each House is the sole judge of what disorderly behavior is.

26. Privilege of arrest by members of congress

- a legislator is privileged from arrest even for a criminal offense provided that the offense
was not punishable by a penalty of more than six years imprisonment.
- It is available "while the Congress is in session,"whether regular or not, and whether or
not the legislator is actually attending a session. Hence, it is not available while Congress
Is in recess.

27. Member of the house serve for more than 3 years

- Yes, provided the terms are not successive or consecutive.

28. Scope of privilege of speech

- the privilege is a protection only against forums other than the Congress itself. It does not
protect the assemblyman against the disciplinary authority of the Congress But it is an
absolute protection against suits for libel.

29. Residences of the congress

30. Power of inquiry

a. The Senate or any of its Committees may conduct formal inquiries or investigations in aid
of legislation in accordance with these Rules.
b. Such inquiries may refer to the implementation or re-examination of any law or
appropriation, or in connection with any proposed legislation or the formulation of, or in
connection with future legislation, or will aid in the review or formulation of a new
legislative policy or enactment. They may also extend to any and all matters vested by
the Constitution in Congress and/or in the Senate alone.

31. What emergency powers may be delegated?

 - Under the present provision, Congress may authorize the President "to exercise powers
necessary and proper to carry out a declared national policy." Note that the nature of the
delegable power is not specified. It is submitted that, on the basis of this provision, the
President may be given emergency legislative powers if Congress so desires.

32. War power vs emergency power

33. Freedom of nuclear weapons - The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory. However, the policy does not
prohibit the peaceful use of nuclear energy.

34. Rider - a rider is an additional provision added to a bill or other measure under the consideration
by a legislature, having little connection with the subject matter of the bill

35. Progressive System of Taxation

- A tax system is progressive when the rate increases as the tax base increases. The
explicit mention of progressive taxation in the Constitution reflects the wish of the
Commission that the legislature should use the power of taxation as an instrument for a
more equitable distribution of wealth.

36. Taxation uniform and equitable

- A tax is uniform, within the Constitutional requirement, when it operates with the same
force and effect in every place where the subject of it is found.
- The word "equitable" seems to add nothing except by way of emphasis.

37. Function of commission of appointment

- The Commission on Appointments acts as a legislative check on the appointing authority
of the President. For the effectivity of the appointment of certain key officials enumerated
in the Constitution, the consent of the Commission on Appointments is needed.

38. Doctrine of operational proximity - it is to limit the scope of presidential communications privilege

39. When may a witness in a legislative investigation may be punished by contempt

- No person can be punished for contumacy as a witness unless his testimony is required
in a matter into which the legislature or any of its committees has jurisdiction to inquire.
The requirement that the investigation be "in aid of legislation" is an essential element for
establishing the jurisdiction of the legislative body.

40. Power of contempt share with local legislative body

- No. The power is recognized as inherent in Congress as a matter of self-preservation of
one of the three independent and coordinate branches of government.

41. Executive impoundment

- Impoundment simply means refusal of the President
- not ruled to be strictly unconstitutional
- President refuses to spend funds allocated for specific purpose to spend funds already
allocated by Congress for a specific purpose.

42. Purpose of the power to tax and its limitation

 - A tool for regulation. For the purpose of regulating property, the State can choose to
exercise its police power or its power to tax.
- To raise revenue
- The power to tax exists for the general welfare. Hence implicit in the power is the
limitation that it should be exercised only for public purpose

43. Tax exemption under constitution kind and coverage

- charitable institutions, churches and personages or convents thereto mosques,non-profit
cemeteries, and all lands, buildings, and improvements actually, directly, and exclusively
for religious, charitable or educational purposes shall be exempt from taxation.

44. Uniform, equitable, progressive system of taxation

45. Congress pass an irrepealable

- No.The power of present and future legislatures must remain plenary. When one
legislature attempts to pass an irrepealable law, to that extent it attempts to limit the
power of future legislatures. The power of any legislature can be limited only by the
Constitution.

46. Congress delegate its power

- .No.Legislative power must remain where the people have lodged it. However, there are
two exceptions to this rule: (1) by immemorial practice legislative power may be
delegated to local governments, Rubi v. Provincial Board, 39 Phil. 660 (1919); (2) the
Constitution itself might in specific instances allow delegation of legislative power

47. Ruling in PDAF

48. In case there is a vacancy in the Senate or House of Representatives, is a special election to fil
the vacancy mandatory?
- No.The matter is left to the discretion of Congress - "in the manner prescribed by law."
But if there should be a special election, the person elected shall serve only for the
unexpired term.
-
49. May Congress regulate the actions of the Electoral Tribunals even only in procedural matters?
- No. The tribunals are dependent constitutional bodies.

50. Purpose of legislative investigation?

- The power of inquiry - with process to enforce it - is an essential and appropriate auxiliary
to the legislative function. A legislative body cannot legislate wisely or effectively in the
absence of information respecting the conditions which the legislation is intended to
affect or change

51. When does the Constitution require that theveasandnaysof the Members be taken every time a
House has to vote?
- upon the last and third readings of a bill
- at the request of one-fifth of the Members present
- in repassing a bill over the veto of the President

52. Item veto

 - A revenue bill does not refer to an entire section imposing a particular kind of tax, but
rather to the subject of the tax and the tax rate.

53. Executive privilege and types of information covered

- power of the President to withhold certain types - power to withhold info of information
from the courts, the Congress,and ultimately the public.
- subvert military or diplomatic objectives, or information about the identity of persons who
furnish information of violations flaw,or information about internal deliberations comprising
the process by which government decisions are reached.

QUESTIONS NOT ASKED

1. Nature of the powers of civil service commission

a. The Commission is an administrative agency, nothing more. As such, it can only perform
powers proper to an administrative agency. It can perform executive powers,
quasi-judicial powers, and quasi-legislative or rule-making powers.
2. Does the Civil service System cover employees of government owned corporations?
a. The Civil Service system under the new Constitution covers only government owned and
controlled corporations with original charter. However, if a corporation ceases to be
government controlled, for instance, if it is privatized, it ceases to fail under the Civil
Service.
3. What is the test for determining whether a government owned or controlled corporation is subject
to the Civil Service Law?
a. The test is the manner of its creation. Corporations created by special charter are subject
to the Civil Service, whereas corporations incorporated under the Corporation Law are
not.
4. What is the scope of the civil service system?
a. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of
the Government, including government-owned or controlled corporations with original
charters.
5. Is PAGCOR under the Civil Service?
a. Yes, since it was created by a presidential decree
6. What is the significance of the distinction between competitive and non-competitive positions?
a. Appointment to a competitive position must be made according to merit and fitness as
determined , as far as practicable , by competitive examination. Merit and fitness in
appointments to non-competitive positions are not determined by competitive
examinations. But merit and fitness are required.
7. May the Civil Service Commission disapprove an appointment and require the appointment of
another person whom it believes is more qualified for the position?
a. No.The appointing authority is given ample discretion in the selection and appointment of
qualified persons to vacant positions among those who are qualified.
8. What is the "primarily confidential?"
a. That the appointee is much more than ordinary confidence that is reposed in the
occupant of a position.
9. Is the position of a provincial attorney and those of his legal subordinates/assistants primarily
confidential in nature so that their services can be terminated upon loss of confidence?
 a. The position of a provincial attorney is primarily confidential where the position of city
legal officer was held t o b e primarily confidential. However, the positions of the legal
staff are not.
10. Are the classification above and the classification in Section 2(2) mutually exclusive?
a. No.Rather, they overlap and complement each other. The classification in the Code is for
purposes of determining tenure.The classification in Section 2(2) is for purposes of
determining the manner of testing merit and fitness.
11. What is the importance of security of tenure in the system?
a. efficiency of a civil service system depends largely on the morale of the officers and
employees in the service.
12. What is the meaning of "for cause provided by law?"
a. guarantee of both procedural and substantive due process. Hence, not only must
removal or suspension be in accordance with the procedure prescribed by law, but also
they can only be made on the basis of a valid cause provided by law.
13. Are persons permanently occupying non-competitive positions covered by the guarantee of
security of tenure?
a. Yes. The distinction between competitive and non-competitive positions is significant only
for purposes of appointment. However, "officials and employees holding primarily
confidential positions continue only for so long as confidence in them endures.
14. What is the extent of the President's disciplinary authority over presidential appointees
who belong to the career service?
a. This power is limited. It is emphatic that career service officers and employees who enjoy
security of tenure may be removed only for any of the causes enumerated in said law. In
other words, the fact that petitioner is a presidential appointee does not give the
appointing authority the licenset oremovehima twillor at his pleasure for it is an admitted
fact that he is likewise a career service officer who under the law is the recipient of
tenurial protection, thus, may only be removed for cause and in accordance with
procedural due process."
15. Can one who does not have qualifications for a position acquire security of tenure therein?
a. No, Security of tenure in an office is acquired only by one who has the qualifications for
that office.
16. Can abolition of office violate security of tenure?
a. While abolition of office does not imply removal of the incumbent officer, this is true only
where the abolition of office is done in good faith and not merely as a cover for a removal
otherwise not allowed by the Constitution.
b. Must be made in good faith, not for personal or political reasons and not in violation of the
law

17. Does the President have the authority to reorganize the executive department?
a. Yes. And this can include deactivation of offices. As far as bureaus, agencies or offices in
the executive department are concerned, the President's power of control may justify him
to inactivate the functions of a particular office, or certain laws may grant him the broad
authority to carry out reorganization measures.
18. Is an officer who is simply given a"reprimand" exonerated?
a. No.A reprimand isa "public and formal censure or severe proof, administered to a person
in fault by his superior officer or a body to which he belongs." Unlike a "warning" (a
putting on guard) or an "admonition"(a friendly reproof),a reprimand is an administrative
penalty.
19. Are temporary appointees protected by the guarantee of security of tenure?
 a. No. They may be removed anytime even without cause. The new constitution give
protection to temporary workers as may be provided by law.
20. Are temporary appointees protected by the guarantee of security of tenure?
a. Partisan political activity, which is the phrase used in previous Constitutions, includes
"every form of solicitation of the elector's vote in favor or specific candidate.
21. May members of the Civil Service unionize?
a. the right of all workers to self-organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in accordance with law." From
these it is clear that members of the Civil service can unionize. Their right to strike,
however, may be limited by law.
22. Do employees of the Social Security System have the right to strike?
a. The Constitution, however, does not say that government employees may not be given
the statutory right to strike. On this point, the SSS case is vague.
23. Do public school teachers have the right to strike?
a. No however if they anchor their defense on their right to petition the government for
redress of grievances.
24. purpose of a civil service system?
a. establish and promote professionalism and efficiency in public service. This too is the
object of the Civil Service system under the Constitution.
25. May the Commission revoke a certificate of eligibility?
a. the Civil Service Commission may revoke a certificate of eligibilityThe power to issue a
certificate of eligibility carries with it the power to revoke one that has been given.
26. May Congress by law authorize the appointment of elective officials?
a. No. If the elective official accepts an appointment without first resigning his elective
position, the appointment is invalid.Neither,however, does he thereby forfeit his elective
seat.
27. What is additional or double compensation?"
a. There is additional compensation on when for one and the same office for which a
compensation has been fixed there is added to such fixed compensation an extra reward
in the form, for instance, of a bonus. This is not allowed in the absence of a law
specifically authorizing such extra reward.
b. Double Compensation more properly refers to two sets for two different offices held
concurrently by one officer. In the instances when holding a second office is allowed,
when an officer accepts a second office, he can draw the salary attached to such a
second office only when he is specifically authorized by law to receive double
compensation.
28. In the absence of a Chairman of the COMELEC, the President designated Commissioner Yorac
Acting Chairman.Valid?
a. No.Article IX, C, Section 1(2) prohibits the appointment of Members ni a temporaryo
ractingcapacity.Moreover, Article XI, A, Section 1, provides for the independence of the
Commissions. The choice of a temporary chairman falls under the discretion of the
Commission and cannot be exercised for
29. nature of the powers of the Commission on Elections?
a. the Commission on Elections is an administrative agency. As such, therefore, the powers it
possesses are
b. executive, quasi-judicial, and quasi- legislative.
c. By exception, however, ti has been given judicial power as judge with exclusive original
jurisdiction over "all contests relating to the election, returns, and qualifications of all elective
regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective
 municipal officials decided by trial courts of general jurisdiction, or involving elective barangay
officials decided by trial courts of limited jurisdiction."

30. Does the Comelec have jurisdiction to issue writs of certiorari, mandamus, quo warranto or habeas
corpus?
a. Yes it does, but only in aid of its appellate jurisdiction over election protest cases involving
elective municipal officials decided by courts of general jurisdiction

31. Does the Comelec have jurisdiction over plebiscites?

A. Yes. The case at bar involves the determination of whether the electorate of Taguig voted in
favor of, or against the conversion of the municipality of Taguig into a highly urbanized city in the
plebiscite conducted for the purpose.

32. Does the Comelec have jurisdiction over intra-party disputes?

A. The COMELEC correctly stated that "the ascertainment of the identity of [al political party and its
legitimate officers"
33. May the Commission promulgate rules and regulations for the implementation of election laws?
A. Yes. Such power is deemed implicit in the power to implement regulations.
34. Does the Commission have the power to transfer municipalities from one
congressional district to another for the purpose of preserving proportionality.
A. No.This is not one of the broad powers granted by Section 2(2).Neitheris it what is referred
35. What is the scope of the power of the Commission over deputized officers?
A. The power of the Commission over deputized officers under Section 2(6) covers not just criminal cases
but also administrative cases. Thus, where the Commission has deputized a City Prosecutor as election
canvasser, such Prosecutor cannot claim immunity from the power of the Commission

36. who decides problems involving "elections, returns, and qualifications"of candidates?
A. Once a winning candidate has been proclaimed, taken his oath, and assumed office as a
Member of the House of Representatives, COMELEC's jurisdiction over election contests relating
to his election, returns, and qualifications ends, and the HRETs own jurisdiction begins.

37. Does the COMELEC have authority to review contests involving the election of officers of a barangay
federation ?
A. No.The power of the COMELEC is over popular elections.

38. Does the COMELEC have the power to annul an entire municipal election on the ground of
post-electionterrorism?
A.Yes. it may be true that there is no specific provision vesting such authority in the COMELEC,
but there is no doubt that the body has extensive powers given by the new Constitution under the
general rubric of its authority to "enforce andadministerall laws relative to the conduct of
elections"

39. if a proclaimed winner is subsequently declared to be disqualified, does the second placer take his
place?
A. The votes cast for a dead, disqualified or non- eligible person may not be valid to vote the winner
into office or maintain him there.

40. Does the Comelec en b a n have jurisdiction to decide election cases?

 A.No.This power pertains to the divisions of the Commission. Any decision by the Commission en
b a n as regards election cases decided by it in the first instance i s null and void.

41. When is hearing by division required?

A. It is only in the exercise of its adjudicatory or quasi-judicial powers that the COMELEC is mandated to
hear and decide cases first by division and
then, upon motion for reconsideration,

42. Do coalitions have to register in order to enjoy the benefits of a registered political party?
A. Yes, because the coalition is distinct in personality from that of the coalescing parties.

43. Does the power to regulate media during "election period" also extend to the period of a plebiscite or
referendum?
A. Yes. Of essence to plebiscite and referendum is "fair submission." Moreover, the formulation of the
Constitution is more important in a sense than the choice of men who will implement that charter.

44. May the Comelec require print media to allocate free space for candidates?
A. print media may not be compelled to allocate free space to the Commission.

45. Do coalitions have to register in order to enjoy the benefits of a registered political party?
A- Yes, because the coalition is distinct in personality from that of the coalescing parties.

46. Is there a distinction between an accredited political party and a registered political party?
A. The concept of accreditation no longer appears in the new Constitution. For purposes of the electoral
process, all parties, organizations and coalitions are considered equal.

47. general function of the Commission on Audit?

A. It is the function of the Commission on Audit to examine the accuracy of the records kept by
accountable officers and to determine whether expenditures have been made in conformity with law.

48. function of the Commission onAudit.

A. They may be classified thus: (1) to examine and audit all forms of government revenues;(2) to examine
and audit all forms of government expenditures; (3) to settle government accounts; (4) to promulgate
accounting and auditing rules

49. May COA, in the exercise of its auditing function, disallow the payment of backwages to employees
illegally dismissed and say that the responsibility belongs to the official who dismissed them in bad faith?
A. No.COA cannot say that the responsibility belongs to the official who made the illegal dismissal when
such official has not been heard. Besides, payment of backwages is not an irregular, unnecessary,
excessive or extravagant expense.

50. Does the power of the Commission extend to non accountable officers?
A. The Commission has authority not just over accountable officers but also over other officers who
perform functions related to accounting such as
verification of evaluations and computation of fees collectible, and the adoption of internal rules of control.

51. What is meant by the power of the Commission to"settle accounts?"

A. It Means the power to settle liquidated accounts, that is, those accounts which may be adjusted simply
by an arithmetical
52. If the Commission has already passed an audit, may the fiscal still look into it for the purpose of
determining possible criminal liability?
A. Yes, because the Commission's interest is merely administrative and not criminal.

53. In cases where the Comelec has appellate jurisdiction, what is the period for making the appeal?
A: a uniform five( 5 )day period for taking an appeal.

54. What is the scope of the power of the Commission over deputized officers?
A. The power of the Commission over deputized officers not just criminal cases but also administrative
cases. Thus, where the Commission has deputized a City Prosecutor as election canvasser, such
Prosecutor cannot claim immunity from the power of the Commission on the argument that he comes
under the executive department.

55. who decides problems involving "elections, returns, and qualifications"of candidates?
A. Once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of
the House of Representatives,
COMELEC's jurisdiction over election contests relating to his election, returns, and qualifications ends,
and the HRETs own jurisdiction begins.

56. Does the COMELEC have authority to review contests involving the election of officers of a barangay
federation?
A. No.The power of the COMELEC is over popular elections.

57. Does the COMELEC have the power to annul an entire municipal election on the ground of
post-electionterrorism?
A.Yes. tI may be true that there is no specific provision vesting such authority in the COMELEC, but there
is no doubt that the body has
extensive powers given by the new Constitution under the general rubric of its authority to "enforce and
administer all laws relative to the conduct of elections"

58. What are the powers which have been declared not belong to the COMELEC?
A. COMELEC is not empowered to decide questions involving the right to vote.

59. May the President dispose of state property?

A. The President may convey valuable real property of the government on his or her own sole wil.
Conveyance must be authorized by a law enacted by Congress.

60. How does executive privilege relate whti ht

e power of compulsory process of Congress?
A: While the executive branch is a co-equal branch of the legislature, it cannot frustrate the power of
Congress to legislate by refusing to comply with its demands for information. Only one executive official
may be exempted from this power - thePresident."

61. Presidential Immunity from Suit

A: it is active only during the tenure of the president. It does not limit him to file suit and its not applicable
for acts done because of office before term.
62. Who has the authority to canvass the votes and proclaim the winner?
A. Congress. The proclamation of presidential and vice-presidential winners is a function of Congress and
not of the Comelec.

63. May Congress delegate the preliminary count of votes in a presidential election to a Joint Committee.
A. Yes, provided that the Committee report be submitted for approval by the Congress as a body.

64. Does an Acting President possess powers to appoint?

A. Yes, but his appointments may be revoked by the elected President within ninety days from his
assumption or reassumption of office.

65. Does the power to appoint include the power to decide who among various choices is the best
qualified ?
A. Yes, provided that the person chosen has the qualifications provided by law.

66. Scope of appointing power

A: heads of the executive departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this
Constitution.

67. Did the appointment of a sectoral representative require confirmation by the Commission on
Appointments?
A. Yes. The sectoral representative fell under the clause "other officers whose appointments are vested in
him in this Constitution."

68. What are"ad-interim appointments?" And their effectivity and duration?

A: appointments made by the resident during the recess of congress. They are effective
immediately,without needforconfirmationby the Commission on Appointments, but the effectivity lasts
"only until disapproval by the Commission on Appointments or until the next adjournment of the
Congress.

69. Is ad-interim appointment temporary?

A: no. the view that an ad interim appointment can be withdrawn or revoked by the President at her
pleasure

70. Power of control of the president

A: the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in
the performance of his duties and to substitute the judgment of the Qualified political agency
former for that of the latter.

71. What is the doctrine of "qualified political agency?"

A. That all executive and administrative organizations are adjuncts of the Executive Department heads

72. Does the power of control include the power to reorganize executive offices?
A. Yes, it has been held that the express grant of the power of control to the President justifies an
executive action to carry out the reorganization of an executive office under a broad authority of law.
73. May an Assistant Executive Secretary, acting for the President, reverse a decision oft h e Secretary of
Agriculture and Resources?
A. Yes, under the well established doctrine of "qualified political agency."

74. Does the President have control over officers of government- owned corporations?
A. Yes. However, ti is submitted that such power over government-owned corporations comes not from
the Constitution but from the statute.

75. Power of supervision

A: power to ensure that the laws are faithfully executed by inferiors.

76. Specific military powers

A: 1. to call out such armed forces to preventor suppress lawless violence, invasion, or rebellion,
2. to suspend the privilege of the writ of habeas corpus, and
3. to place thePhilippines or any part thereof under martial law.

77. When president calls out armed forces, is his action subject to judicial review
A: no. to call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion, (2) to
suspend the privilege of the writ of habeas corpus, and (3) to place thePhilippines or any part thereof
under martial law.

78. What is martial law

A: Martial law is essentially police power. This is borne out by the constitutional text which sets down
"public safety" as the object of the exercise of martial law. Public safety is the concern of police power.

79. How does Congressvotewhen deciding whether to revoke or extend the suspension of the privilege or
the imposition of martial law?
A. The Senate and the House of Representatives vote "jointly." The purpose of the departure from the
general rule is to facilitate the override of the suspension or the imposition.

80. Is the imposition of martial law or the suspension ofthe privilegea political question?
A. No the Constitution now categorically states that the "Supreme Court may review, in an appropriate
proceeding filed by any citizen

81. When the President exercises the option to call on the armed forces does he thereby acquire new
powers including emergency powers?
A. No.It simply means that he is calling on the Armed Forces to assist the police.But this does not give
her additional powers.

82. What is executive clemency? And its forms?

A: It is tacit admission that human institutions are imperfect and that there are infirmities in the
administration of justice. The forms are: reprieves, commutations, pardons, remission of fines and
forfeitures, amnesty.

83. May the president extend executive clemency for admin penalties?
A: yes. Constitution make no distinction to the extent of pardoning power except impeachment

84. What is pardon

A: pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which
exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has
committed.

85. What is amnesty?

A. Amnesty "commonly denotes the 'general pardon to rebels for their treason and other high political
offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended by
some breach of the law of nations."

86. What is the legal nature of a taxamnesty?

A. It is a "general pardon or intentional overlooking of its authority to impose penalties on persons
otherwise guilty of evasion or violation of revenue or tax law

87. May "reprieves, commutations, pardons, and remission of fines and forfeitures" be given before
conviction?
A.No.These can be only granted "after conviction by final judgment."

88. What is the basis for the general appropriations bil passed by Congress?
A. The budget of receipts and expenditures prepared by the President.

89. What is judicial power?

• "the right to determine actual controversies arising between adverse litigants, duly instituted in courts of
proper jurisdiction.

• "the authority to settle justiciable controversies or disputes involving rights that are enforceable and
demandable before the courts of justice or the redress of wrongs for violation of such rights.”

90. How does the Constitution define judicial power?

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable and to determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.”

91. Does the judiciary resolve moot cases?

A moot case is one that ceases to present a justiciable controversy by virtue of supervening events, so
that a declaration public need thereon would be of no practical use or value.

However, Courts will decide cases, otherwise moot and academic, if:
first, there is a grave violation of the Constitution;
second, the exceptional character of the situation and the paramount public interest is involved;
third, when the constitutional issue raised requires formulation of controlling principles to guide the bench,
the bar, and the public; and
fourth, the case is capable of repetition yet evading review
92. Does the definition of judicial power do away with the "political questions doctrine?”

No, it does not. At most it is a reproof of the practice of the Marcos Supreme Court of shying away from
reviewing abuse of discretion by the Chief Executive and using the political questions doctrine as an
excuse.

93. What power is given to courts?

Courts are given "judicial power,”nothing more. Hence, by the principle of separation of powers, courts
may neither attempt to assume nor compelled to perform non-judicial functions. Thus,a court may not be
required to act as a board of arbitrators. Nor may ti be charged with administrative functions except when
reasonably incidental to the fulfillment of judicial duties.Neither is it the function of the judiciary to give
advisory opinions.

94. What is the difference between a declaratory judgment and an advisory opinion?

What distinguishes a declaratory judgment from na advisory opinion is that the former involves parties
with real conflicting legal interests whereas an advisory opinion is a response to a legal
issue posed in the abstract in advanced of any actual case in which it -may be presented. As a
consequence of this distinction, an advisory opinion binds no one whereas a declaratory judgment is a
final one and is forever binding on the parties. The former is thus not a judicial act but the latter is.

95. What is the role of the legislature in the judicial process?

Although judicial power is vested in the judiciary, the proper exercise of such power requires prior
legislative action:
(1) defining such enforceable and demandable rights and prescribing
remedies for violations of such rights; and
(2) determining the court with jurisdiction to hear and decide controversies or disputes arising from legal
rights

96. Can the courts exercise judicial power when there is no applicable law?

No. the Court ruled that it had no authority to entertain an action for judicial declaration of citizenship
because there was no law authorizing such proceeding. Similarly, an award of honors to a student by a
board of teachers may not be reversed by a court where the awards are governed by no applicable law.

97. What power does Congress have over the judicial system?

Congress has the power to create new courts and to apportion jurisdiction among various courts.
However, in the exercise of this power Congress may _____ impair the independence of the judiciary. For
this purpose, the Constitution has given to the Supreme Court, in Section 5, certain powers which
Congress may not take away.
Moreover, any reorganization of the judicial system should be done in a manner which does not impair
security of tenure. (More will be said

98. May any other body than Congress create courts or increase or decrease the jurisdiction of courts?
A.No.Implicit in the conferment of power on Congress to create courts and to determine their jurisdiction
is the denial of the same power to other departments.

99. A law is passed prohibiting courts from issuing injunctions in cases involving infrastructure projects of
the government. Does such law violate judicial independence?

Such prohibition can only refer to administrative acts in controversies involving facts or the exercise of
discretion in technical cases.Outside of this dimension and on issues involving questions of law, the
courts cannot be prevented from exercising their power.

100. What is the meaning of fiscal autonomy and why has it been granted to the Judiciary?

The second sentence of Section 3 states the meaning of fiscal autonomy: "Appropriations for the
Judiciary may not be reduced by the legislature below the amount appropriated for the previously e a
rand, after approval, shall be automatically and regularly released." Fiscal
autonomy is granted to the Supreme Court in order to strengthen its independence.

102. May Congress increase or decrease the composition of the Supreme Court?

No

103. Are divisions Separate and distinct courts?

No. Actions considered in any of these divisions and decisions rendered therein are, in effect, by the
same Tribunal Decisions or resolutions of a division of the court are not inferior to an en banc decision.

104. How many justices are needed to constitute a quorum when the Court sits en banc and there are
only fourteen justices in office?

In People v. Ebio, G.R. No. 147750, September 29, 2004, since ti was a capital criminal case, the Court
said that there should be eight.

105. What cases must be heard en banc?

By command of the Constitution, the following cases must be heard en banc:

(1) all cases involving the constitutionality of a treaty, international or executive agreement, or law;
(2) all cases which under the Rules of Court may be required to be heard en banc;
(3) all cases involving the constitutionality, application or operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other regulations;
(4) cases heard by a division when the required majority in
the division is not obtained;
(5) cases where the Supreme Court modifies or reverses a doctrine or principle of law previously laid
down either en ban or in division;
(6) administrative cases involving the discipline or dismissal of judges of lower courts (Section 11); (c)
election contests for President o r Vice-President.

106. How many votes are required to decide a case heard en banc? in division?
When the Supreme Court sits en banc cases are decided b the concurrence of "of a majority of the
members who actually took part in the deliberations on the issues in the case and voted thereon." Thus,
since a quorum of the Supreme Court is eight, the votes of at least five are needed and are enough, even
fi it is a question of constitutionality. This is a liberalization of the old rule which required a qualified
majority of a definite number. Moreover, those who did not take part in the deliberation do not have the
right to vote.

107. Are decisions of a division of the Supreme Court appealable to the en banc?

No. Decisions or resolutions of a division of the court, when concurred in by a majority of its members
who actually took part in the deliberations on the issues in a case and voted thereon is a decision or
resolution of the Supreme Court itself. The Supreme Court sitting en banc is not an appellate court
vis-a-vis its Divisions, and it exercises no appellate jurisdiction over the latter. Each division of the Court is
considered not a body inferior to the Court en banc, and sits veritably as the Court en banc itself. The only
constraint is that any doctrine or principle of law laid down by the Court, either rendered en banc or in
division, mav be overturned or reversed only by the Court sitting en banc

108. May Congress diminish the jurisdiction of the Supreme Court?

Congress may diminish the merely statutory jurisdiction of the Supreme Court but it may not diminish the
jurisdiction granted by the Constitution itself.

109. What is the power of judicial review?

It is the Supreme Court's power to declare a law, treaty, international or executive agreement, presidential
decree, proclamation, order, instruction, ordinance, or regulation unconstitutional. This power is explicitly
granted by Section 5(2), (a) and (b).

110. Does this make the Court superior to Congress and the President?

No. It shows the superiority of the Constitution over all.

111. Is the rule that the Court will not decide a question of law when there is no actual case or controversy
an absolute rule?

A.No. Like al procedural rules exceptions to it may be dictated when, for instance, lack of clarity may be
creating a great of confusion detrimental to public order, as in this case, the case of the confiscation of
license plates and drivers licenses for traffic violations. Solicitor
General v. Metropolitan Manila Authority, G.R. No. 102782, December 11,1991.

112. Explain the concept of standing?

A person has "standing" to challenge the validity of governmental act only if he has
"apersonalandsubstantialinterestin the case such that he h a ssustained,o r willsustain, direct injury as a
result of its enforcement." People v. Vera, 65 Phil. 56, 89 (1937); Macasiano v.
National Housing Authority, 224 SCRA 236 (1993). Thus ni Joya v. PCGG, 225 SCRA 568 (1993), art
lovers seeking to enjoin the auction sale of European artworks and silverware, part of the objects
recovered by the government after the ouster of President Marcos, on the ground that these formed part
of the Filipino cultural heritage were deemed withoutstandingt os u ebecause they neithero w n e dt h
eproperties involvedn o rh a d they been purchased with public funds.
113. When will a citizen be allowed to raise a constitutional question?
A. Only when he can show the following: (1) "that he has personally suffered some actual or threatened
injury as a result of the allegedly illegal conduct of government," (2) "the injury is fairly traceable to the
challenged action:" and (3) "the injury is likely to be redressed by a favorable action." Telecommunications
and Broadcast Attorneys of the
Philippines, Inc. v. Commission on Elections, GR. . No. 132922, April 21,1998.

114. Is the rule inflexible?

A. No.Jurisprudence allows what it calls a "liberal approach" to standing.

When the subject in issue is of transcendental interest to the public, the Court entertains the suit even fi
those suing do not have a personal and
direct interest such that they are stand to suffer harm.

115. Q. Can a taxpayer have standing to sue?

A. Yes, in cases involving expenditure of public funds, fi ti can be shown (1) "that he has a sufficient
interest in preventing the illegal expenditure of money raised by taxation:" and (2) "that he will sustain a
direct iniurv as
a result of the enforcement of the questioned statute." Pascual v.
Secretary of Public Works, 110 Phil. 331 (1960); Telecommunications and Broadcast Attorneys of the
Philippines, Inc. v. Commission on
Elections, GR. . No. 132922, April 21,1998, 289 SCRA 337,343.

116. What is the effect of the declaration of unconstitutionality of a statute?

A. The Supreme Court has rejected the view that an unconstitutional act
confers n o rights, imposes n o duties, and affords no protection whatsoever. Instead, the Court has
adopted the view that before an act is declared unconstitutional it is an "operative fact" which can be

117. May inferior courts exercise the power of judicial review?

A. Since the power of judicial review flows from judicial power and since inferior courts are possessed of
judicial power, it may fairly be inferred that the power of judicial review is not a power exclusive to t h e
Supreme Court. This same conclusion may be inferred from Article X, Section 5(2) which confers on the
Supreme Court appellate iurisdiction over judgments and decrees of inferior courts in all cases in which
the constitutionality or validity of any treaty, international agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question. As the Court said in J.M. Tuason
and Co. v. Court of Appeals, 3 SCRA 696, 703-704 (1961): "Plainly the Constitution contemplates that the
inferior courts should have jurisdiction in cases involving constitutionality of any treaty or law, for ti speaks
of appellate review of final judgments of inferior courts in cases where such constitutionality happens to
be ni issue." Considering, however, the majority vote which is required for the Supreme Court to declare a
law unconstitutional, lower courts must keep in mind "that a becoming modesty of inferior courts demands
conscious realization of the position they occupy in the interrelation and operation of the integrated
judicial system of the nation." People v. Vera, 65 Phil. 56 (1937), cited in Vera v. Area, 28 SCRA 351,
361-2 (1969). Moreover, while a declaration of unconstitutionality made by the Supreme Court constitutes
a precedent binding on all, a similar decision of an inferior court binds only the parties ni the case.

118. What is the writ of amparo?

A. It is a is a remedy available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a public official or employee, or of a private
individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereo
119. What is the writ of kalikasari?
A. It is a "remedy available to a natural or juridical person, entity authorized by law, people's organization,
non-governmental organization, or any public interest group accredited by or registered with any
government agency, on behalf of persons whose constitutional right t o a balanced and healthful ecology
is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or
private individual or entity, involving environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces.”

120. May the Ombudsman investigate irregularities in the performance of a judge independently of any
administrative action taken by the Supreme Court?

D. N o . The power of administrative supervision of the Supreme Court includes, according to Section 11,
"the power to discipline judges of lower courts, or order their dismissal by a vote

121. What is “bar integration?"

A. Integration of the Philippine Bar means the official unification of the entire lawyerpopulationof the
Philippines. This requires membership and financial support (in reasonable amount) of every attorney as
conditions sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the
Supreme Court. In re Integration of the Bar of the Philippines, 49 SCRA 25-27, quoting Report of the
Commission on Bar Integration, pp. 3-5, November 30,1972.

122. Q. What are the purposes of an Integrated Bar?

A. The purposes of an Integrated Bar, in general, are:
(1) Assist in the administration of justice;
(2) Foster and maintain, on the part of its members, high ideals of integrity, learning, professional
competence, public service and conduct:
(3) Safeguard the professional interests of its members;
(4) Cultivate among its members a spirit of cordiality and brotherhood;
(5) Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice, and
procedure, and the relations of the Bar to the Bench and to the public, and public information relating
thereto;
(6) Encourage and foster legal education;
(7) Promote a continuing program of legal research in substantive and adjective law, and make reports
and recommendations thereon; and
(8) Enable the Bar to discharge its public responsibility effectively. In re Integration of the Bar of the
Philippines, quoting
Report of the Commission on Bar Integration, pp. 3-5, November 30,1972.

123. Q. What are the advantages of bicameralism?

A. Bicameralism (1) allows for a body with a national perspective to check the parochial tendency of
representatives elected by district; (2) allows for more careful study of legislation; (3) makes the
legislature less susceptible to control by the Executive; (4) serves as training ground for national leaders.

124. Q. What are the advantages of unicameralism?

A. The advantages of unicameralism are simplicity of organization resulting in economy and efficiency,
facility in pinpointing responsibility for legislation, and avoidance of duplication.

125. Q. How many kinds of legislative power are there?

A. In republican systems, there are generally two, original and derivative.
Original legislative power is possessed by the sovereign people. Derivative legislative power is that which
has been delegated by the sovereign people to legislative bodies and is subordinate to the original power
of the people. This is the kind of power that is vested in Congress.
Legislative power may also be classified into constituent, which is the power to amend or revise the
Constitution, and ordinary, which is the power to pass ordinary laws. The people, through the amendatory
process, exercise constituent power, and, through initiative and referendum, ordinary legislative power.

126. Q. What are the kinds of limits on legislative power?

A. There are two kinds, substantive and procedural. Substantive limits curtail the contents of a law. For
example, no law may be passed which impairs freedom of speech. Procedural limits curtail the manner of
passing laws. For example, a bill must generally be approved by the President before it becomes law.

127. Q. On what subject matter may Congress legislate?

A. Provided that the substantive and procedural limitations found in the Constitution are observed, the
Congress may legislate on any subject matter. In other words, the legislative power of Congress is
plenary. (This is different from the legislative power of the United States Congress which consists only of
the legislative powers enumerated in the Federal Constitution.)

128. Q. My Congress increase the appellate jurisdiction of the Supreme Court?

A. Yes, but only with the advice and concurrence of the Supreme Court itself. The purpose of this new
rule is to prevent the overburdening of the Supreme Court.

129. Q. What is a "progressive system of taxation?"

A. A tax system is progressive when the rate increases as the tax base increases. The explicit mention of
progressive taxation in the Constitution reflects the wish of the Commission that the legislature should use
the power of taxation as an instrument for a more equitable distribution of wealth.

130. Q. May the power to tax be delegated?

A. Yes, under the conditions laid down in Section 28(2). This delegation of the taxation power by the
legislative to the executive is authorized by the Constitution itself. At the same time, the Constitution also
grants the delegating authority (Congress) the right to impose restrictions and limitations on the taxation
power delegated to the President. The restrictions and limitations imposed by Congress take on the
mantle of a constitutional command, which the executive branch is obliged to observe. Southern Cross v.
Philippine Cement, G.R. No. 158540, July 8,2004.

131. Q. What is the doctrine of "inappropriate provisions"?

A. Gonzales v. Macaraig, Jr., 191 SCRA 452 (1990), marks the Court's acceptance of what eventually
would be referred to as the "doctrine of inappropriate provisions." What the doctrine says is that a
provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it
is not an appropriation or revenue "item." In essence what this means is that the President may veto
"riders" in an appropriation bill.

132. Q. May the President approve some part or parts of a bill and veto the rest?
A. As a general rule, if the President disapproves a bill approved by Congress, he should veto the entire
bill. He is not allowed to veto separate items of a bill. It is only in the case of appropriation, revenue, and
tariff bills that he is authorized to exercise item-veto.

133. Q. What matters may Congress keep out of the Journal?

A. The Constitution exempts from publication only such matters "as may, in [the Congress'] judgment,
affect national security." This new rule is an application of Section 7 of the Bill of Rights which says:
The right of the people to information on matters of public concern shall be recognized. Access to official
records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen, subject to
such limitations as may be provided by law.