MIDTERM EXAM IN CONSTITUTIONAL LAW REVIEW

Atty. Lhem J. Naval

1. Start answering on the second leaf/page of your notebook.
2. 20-point deduction for those who will tear any leaf/page.
3. 20 point deduction for those who will leave any item blank.

I.

A.
Under the doctrine of immunity from suit, the State cannot be sued without its consent. How may the consent be
given by the State? Explain your answer. (3.5%)
B.
The doctrine of immunity from suit in favor of the State extends to public officials in the performance of their
official duties. May such officials be sued nonetheless to prevent or to undo their oppressive or illegal acts, or to
compel them to act? Explain your answer. (3.5%)
C.
Do government-owned or -controlled corporations also enjoy the immunity of the State from suit? Explain your
answer. (3%)

II.

A.
What is the pardoning power of the President under Art. VIII, Sec. 19 of the Constitution?
Is the exercise of the power absolute? (2.5%)

B.
Distinguish pardon from amnesty. (2.5%)

III.

A.
The President appoints the Vice President as his Administration's Housing Czar, a position that requires the
appointee to sit in the Cabinet. Although the appointment of the members of the Cabinet requires confirmation
by the Commission on Appointment (CA), the Office of the President does not submit the appointment to the
CA. May the Vice President validly sit in the Cabinet? (2.5%)

B.
In the event that both the President and Vice President are removed from office, who will act as President in the
Philippines? Answer with legal basis. (2.5%)

IV.
The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party which has participated in every
election since the enactment of the 1987 Constitution. It has fielded candidates mostly for legislative district
elections. In fact, a number of its members were elected, and are actually serving, in the House of
Representatives. In the coming 2016 elections, the PMP leadership intends to join the party-list system.
Can PMP join the party-list system without violating the Constitution and Republic Act (R.A.) No. 7941? (5%)

V.
Greenpeas is an ideology-based political party fighting for environmental causes. It decided to participate under
the party-list system. When the election results came in, it only obtained 1.99 percent of the votes cast under the
party -list system. Bluebean, a political observer, claimed that Greenpeas is not entitled to any seat since it
failed to obtain at least 2% of the votes. Moreover, since it does not represent any of the marginalized and
underrepresented sectors of society, Greenpeas is not entitled to participate under the party-list system. How
valid are the observations of Bluebean? (5%)

VI.
A.
Distinguish self-executing and non-self executing provisions of the Constitution? (2.5%)

B.
According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy. What does the term
fiscal autonomy signify? Explain your answer. (2.5%)

VII.
The Province of Nangbatacan del Sur and the City of Queboctotan enacted ordinances prohibiting the catching
and/or exportation of live tropical fishes, and imposing penalties for violations thereof, in order to stop the
illegal practice of cyanide fishing which destroys the corals and other marine resources. Several fishermen
apprehended for violating the ordinances in question challenged their constitutionality contending that the
ordinances violated their preferential right as subsistence and marginal fishermen to the use of our communal
marine resources guaranteed by the Constitution, under Section 7, Article XIII. Will you sustain the challenge?
(5%)

VIII.
Congress enacted a law providing for trial by jury for those charged with crimes or offenses punishable by
reclusion perpetua or life imprisonment. The law provides for the qualifications of members of the jury, the
guidelines for the bar and bench for their selection, the manner a trial by jury shall operate, and the procedures
to be followed. Is the law constitutional? (5 %)

IX.
What are the qualifications to be elected Senator? (5%)

X.
While Congress was not in session, the President appointed Antero as Secretary of the Department of Tourism
(DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo as Chairman of the Civil Service
Commission (CSC), Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel as
Philippine Ambassador to Cameroon. The following day, all the appointees took their oath before the President,
and commenced to perform the functions of their respective offices.

[a] Characterize the appointments, whether permanent or temporary; and whether regular or interim, with
reasons. (2.5%)
[b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files suit, contesting the legality
of the acts of the appointees and claiming that the appointees should not have entered into the performance of
the functions of their respective offices, because their appointments had not yet been confirmed by the
Commission on Appointments. Is this claim of VAMP correct? Why or why not? (2.5%)

XI.
Distinguish doctrine of incorporation from doctrine of transformation? (5%)

XII.
Give four instances when Congress is voting separately and one instance when Congress is voting jointly.
(10%)

XIII.
Attorney Nokis assailed the validity of E.O. 209 or the Family Code of the Philippines since it is not a
legislation of Congress but only an executive order of then President Aquino, it is not a law. Is Atty. Nokis
correct? Explain. (5%)

XIV.
Distinguish plebiscite from referendum? (5%)

XV.
The President issued an executive order directing all department heads to secure his consent before agreeing to
appear during question hour before Congress on matters pertaining to their departments. Is the executive order
unconstitutional for suppressing information of public concern? (5%)

XV.
Briefly state the Constitutional History of the Philippines. (15%)