CONSTITUTIONAL LAW I

Finals, 1st Semester, SY 2020-2021

Prof. Michael Vernon Guerrero Mendiola

QUESTIONNAIRE

A separate answer sheet is provided for your submissions.

1. The President imposed martial law in Mindanao following the Maute seige of Marawi City, with
the president articulating that he is doing so on the ground of terrorism. AAA, a resident of Butuan City
alleged direct injury and citizen standing, and claimed that the President's declaration is one of grave
abuse of discretion amounting to lack or in excess of jurisdiction, inasmuch as invasion and rebellion
are the only grounds for the declaration of martial law, and such controversy is ripe for adjudication.
Are AAA's claims appropriate? Why or why not? (8%)

2. A diocese, during the campaign period for the elections following the passage of the Reproductive
Health Law, posted large tarpaulins listing the names of those opposed to the RH Law as Team Buhay
and those who supported it as Team Patay. The COMELEC ordered the diocese to remove such
tarpaulins as it claimed that such tarpaulins or streamers were contrary to the law and COMELEC rules
relevant to illegal campaign materials and propaganda. Is the COMELEC correct? Why or why not?
(8%)

3. The Judicial Bar Council provided 5 sets of 3 nominees each for 5 specific vacancies in the
Sandiganbayan. The president chose 5 of the total 15 nominees to be appointed to those positions, even
if some of the nominees belong in a separate cluster from the position in which they are being
appointed in (leaving, in two instances, all nominees in such cluster to be unselected for appointment).
A regular member of the JBC and some of the nominees questioned the appointments made by the
president. Is the president correct in the manner in which he made his appointments? Why or why not?
(8%)

4. What are the requisites of a valid delegation of powers? Explain each briefly. (7%)

5. AAA, a deputy ombudsman, was notified to have been removed from office by the President on the
ground of gross negligence. Is the action, including the ground for removal, made by the President
correct? Why or why not? (8%)

6. What is social justice? (7%)

7. Ang Pambansang Unyon ng mga Kalalakihang Inaapi filed an application for registration and
accreditation to participate in the partylist election in the 2022 national elections. A women's group
opposed the application, arguing that the said party is not one of those enumerated as marginalized
sectors provided in the Constitution. Should the partylist election applicant be denied registration and
accrediation by the COMELEC under such contention? Why or why not? (8%)

8. Provide at least three general principles of international law. Explain each briefly. (7%)

9. A quo warranto petition was filed against an incumbent justice of the Supreme Court, alleging that
the justice provided fraudulent SALN while he was employed as a professor in a government law
school. Members of the legal community questioned the use of a quo warranto petition, arguing that the
mode for removal of justices of the Supreme Court should be one of impeachment. Are the lawyers
correct? Why or why not? (8%)

10. A loan was being sought by the government from the World Bank. The World Bank required the
government to have its Government Financial Institutions (GFIs) audited by an independent private
audit firm. The government, with a law provided by Congress and rules promulgated to implement the
said law, procured the services of a known private accounting/audit firm from Makati. AAA, as a
citizen and taxpayer, filed a petition in court questioning the law and issuances related to this World
Bank requirement, alleging that the power to audit belongs to the Commission on Audit and no other. Is
AAA correct? Why or why not? (8%)

11. Enumerate the prohibitions and inhibitions imposed upon members of the President's cabinet.
Explain each briefly. (7%)

12. The Senate Blue Ribbon Committee is conducting a legislative investigation in aid of legislation,
following reports of wanton corruption in an instrumentality of the government. The head of the
instrumentality refused to attend the hearing, notwithstanding subpoena tendered to him. He claims
executive privilege, inasmuch as the President has not provided consent for him to appear before the
Senate committee. Is the action made by the head of the instrumentality valid? Why or why not? (8%)

13. Enumerate the powers and functions of the Commission on Human Rights under the Constitution.
(7%)

Good luck.