SUBMITTED BY: ARANZASO, PATRICIA MARIE A.

QUIZ – 21 Sept. 2019

UDM College of Law
First Year, Constitutional Law I
First Semester, SY 2019
ProfLAtty. E.B. BELLEN

1. Explain the meaning of the following (15 points)

(a) par in parem non habet imperium-
- It is about the sovereign of other state to other state. It means that
the other state has no jurisdiction to other state. Most especially in
implementing rules and laws to its subordinates.

(b) Constitutional Law

- It is the study of the structure and powers of the Government. It
also covers basic concepts of the nature of the State how the state
created, also it tackles about the fundamental law of the land the
Constitution. In the Constitution we will learn about the function of
the Government and also the people. In this topic we will
understand that if the government abuses the authority that
granted by the people to them it will lead to the tyranny form of
government wherein all the power will reside to the ruler. It is the
reason why it is important for the people to understand the function
of the government because sovereignty resides in the people and all
government authority emanates from them.
(c) State
- It is the group of numerous people occupying a fixed territory and
possess independent government organized for political ends to
which the great body of inhabitants render habitual obedience.

(d) Archipelago doctrine

- It is classified as a single unit of a one particular territory. Including
the waters that around between and connecting regardless of its
dimension and breadth was belong to a particular sovereignty.

(e) parens patriae.

- The government was considered as the protector of the citizens
living in its territory who cannot protect themselves.

2. State and explain the three essential parts of a written constitution,

particularly with reference to the Philippine Constitution. (10 points)

3. Which of the following does not belong to the group, and why? (5
points)
 a. Verba legis
b. Ut magis valeat quam pereat
c. Potestas delegata non delegari potest
d. Ratio legis et anima

Answer: The one that is not belong to the group is the verba legis
because it tackles about the construction of the constitution itself while
the three others deals to the enforcement of the laws.

4. State whether you agree or not to each of the following statements.

Preface your answer with either “I agree” or “I don’t agree”, and
Discuss your reason/s. (3 points each)

a. A person who believes that firing a gun is against his conscience

may send someone in his behalf, when the government requires
that all able-bodied Filipino citizens render military service.
I don’t agree. Because according to the Commonwealth Act no. 1
section 2 (a) provides that “The preservation of the State is the
obligation of every citizen. The security of the Philippines and the
freedom, independence, and perpetual neutrality of the Philippine
Republic shall be guaranteed by the employment of all citizens,
without distinction of age or sex, and all resources.”

b. The Preamble of the 1987 Constitution serves no purpose at all and

in the interpretation of the Constitution it has no use.
I don’t agree. Because preamble is one of the essential part of the
constitution that should know of every citizens because it sum up the
obligation of the people to choose government authority wisely.

c. In the Philippines, the constituent functions of government are

more important and given more attention than its ministrant
functions.
I don’t agree. Because both function of the government is
important particularly to the public safety and order.

d. Separation of powers simply means that the judiciary may apply

the law but may not enact it; the Congress or legislative branch
may enact the law and enforce it but may not apply the same; and
that the Executive branch may implement and interpret the laws.

I don’t agree. Because the enforcement of the law is vested to the

executive branch not to the legislative branch. While the
interpretation of the law is vested to the Judiciary and not to the
Executive branch.
 e. The Constitution makes it clear that in the Philippines it is only in
Congress where legislative power is vested.
I agree. All legislative power shall be vested in the legislative
branch.

f. Congress may not exercise powers considered non-legislative.

I don’t agree. Because Congress has non-legislative power which are
the following. The power to canvass the presidential election votes, to
declare the existence of state of war, power to give concurrence to
treaties and amnesties, power to propose constitutional amendments
and power to impeach.

g. A City already comprising one legislative district is no longer or is

not yet entitled to another or second legislative district even if its
population has already reached 489,000 six years after its creation
as a city.
I don`t agree because a place that has 250,000 inhabitants must
have at least 1 district representative.

h. Party list Kita Tayo is entitled to two seats or representatives to

the House of Representatives because it earned 1,313,045 votes of
the 20,000,000 votes cast under the Party list system in the most
recent congressional elections participated in by 53 Million
registered voters.
I don’t agree. Because the entitled seat for the said party list
system was for three seats.

i. The appointment of former Senator Gregorio as Secretary of the

Department of Housing is unconstitutional since he was the
author of the bill which became the law which created the said
department.
I don’t agree. Because the appointment of Senator Gregorio has
nothing to do to the passage of the bill which he was the author.

j. A lawyer-Senator who, in a speech delivered during a session of

the Senate, called all Supreme Court Justices as idiots and the
Chief Justice as clown, may be disbarred or removed as a lawyer.
I don’t agree. Because the action done by the lawyer will just
resulted for his suspension not for his disbarment. But the Chief
Justice and other Justices may file suit for moral damages.

5. Distinguish:
(a) suability and liability of states;
 Suability means that the people who will file suit might consent
to the state if the action can be sued. And liability means that the
state has the responsibility to the security of its subordinates,
but if there is something happen that create tragedy to the
people the state cannot be sued.
(b) nation and state;
State is a legal concept. People occupying a fixed territory while
the Nation is racial and ethnic concept.
(c) government and administration;
Government sets public policy for the common good of the people
while the administration means the management of public affairs
including the government.
(d) de jure and de facto governments
De Jure government is the legitimate form of government. While
the De Facto is the form of government who holds the authority.

(e) legal and political sovereignty. (10 points)

Legal sovereignty is the body of person have the power to issue
final commands. While the political sovereignty means the full
right and power of the government body over itself.

6. Multiple choice question: Which of the following is not an element of

the state: (5 points) (Explain why the choice was preferred) Note: it’s possible that
there can be more than one correct answer.

a. territory
b. government
c. people
d. sovereignty
e. independence
f. degree of civilization

Answer: Independence and Degree of Civilization

Because we cannot create our own state if we are not free from
the control of other state most especially on governing of our
territory.

7. What is a self-executing provision of the Constitution? State and

explain at least two rules in the interpretation or construction of a
constitutional provision. (10 pts.)

Answer: Constitution is a self-executing provision when it can be

given effect without the aid of legislation, and there is nothing to
indicate that legislation is intended to make it operative.
8. A and C, brothers of B, the presiding bishop in the Church of
Faithful Adherents issued a press statement which alleged that
they were abducted by armed church leaders and brought to a
forested area and tied on a tree for three days until they were
rescued by a Forester. They alleged that they were kidnapped
because they expressed displeasure over how their leaders had
prevented them access to the church’s financial records. A day
after the press statement was read over several radio and
television stations, the governing council of the church declared
that the bishop’s brothers were excommunicated from the church.

The concerned siblings went to court and filed a case for

kidnapping against their brother and the church leaders
responsible for the abduction and for civil damages for unduly
excommunicating them from the Church. B moved for the
dismissal of the case, invoking the principle of separation of
church and state, and freedom of religion, and arguing that the
Court has no jurisdiction over the criminal and the civil cases
considering that said cases involved matters purely internal to
their church. If you were the Judge how would you rule on the
motion to dismiss? Explain with reasons. (10)

Answer: Considering the fact that the sibling was held with
force and was not found without the help of the forester the
bishop was liable for the case of kidnapping. It is unjust to use
by the people of the Church the Church as a cover up for their
criminal liabilities. In the doctrine of the separation of the state
and church it deals only to the rules that will govern the people
in general. Above all the safety and the security of all the citizen
in a certain territory is the primary concern of the government.

9. In connection with the suspension from office of Members of

Congress, explain the difference between the suspension
contemplated in the Constitution from the suspension prescribed
in Republic Act 3019 or the Anti Graft and Corrupt Practices Act.

Answer: In the suspension contemplated in the constitution the

member of the Congress may be suspended for at least six
 months. But in R. A 3019 the punishment inflicted to the
violation is imprisonment.

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