C O N S T I T U T I O N A L L AW I

Sample Exam
First Semester, AY 2005-2006

INSTRUCTIONS

1. Write your STUDENT NUMBER (SN#) only on the upper right hand corner of
this questionnaire and on the upper right hand corner of the cover page of your
bluebook.

2.Read each question carefully and [hen answer concisely. A mere "Yes" or "No"
without explanation or discussion will not be given any credit.

1. Start each number on a separate page; an answer to a sub-question under the

sa m e n u m b e r m a y b e wr i t t e n c o n t i n u o u s l y o n t h e sa m e a n d im m e d i a t e l y
succeeding pages until completed. Do not write on the dorsal side of the answer
sheets.

3.Hand in your bluebook with this questionnaire. A bluebook unaccompanied by the

corresponding questionnaire will not be corrected.

GOOD LUCK!

Objective

1.What are the characteristics of a written constitution (as discussed in the case of
Marburg v. Madison)? (4 pts.)

2.In what sense should the term "rigid constitution" be understood, as used in the case of
Tolentino v. COMELEC? (3 pts.)

3.What are the three inherent powers of the state? (3 pts.)

4.Is the term judicial supremacy the same as judicial power? State your reasons. (4
pts.)

Multiple Choice

I n t h e i ssu a n ce of a se a r ch wa rr a n t , p e rso n a l d e t e rm i n a t io n b y t h e j u d g e of t h e
existence of probable cause is required. In performing this duty, the judge may perform
which of the following:

1. Allow the taking of test i mony or statements of the applicant and his witness by a
court personnel, subject to the judge's personal verification of the truth of the
same, through the administration of oath.
II. Issue a stern warning against commission of perjury.
Ill. Allow the applicant and his witness to submit affidavits and based upon a careful
scrutiny of the same, propound selected questions to the applicant and witness.
I V. l / \ / h e r e t h e j u d g e i s s a t i s f i e d t h a t p r o b a b l e c a u s e e x i s t s b a s e d u p o n h i s
examination of the applicant alone, having taken the applicant's deposition in
writing and under oath, he need not question or rely upon assertions of the
applicant's witnesses.

a.I only.
b.I or II only.
c.I and Ill only.
d.Ill and IV only.
e.IV only.
f.None of the above. (2 pts.)

Essay

The National Capital Region District Command (NCRDC) was activated pursuant to the
l e t t e r o f i n t e n t i s su e d b y t h e G e n e r a l H e a d q u a r t e r s o f t h e A r m e d F o r ce s o f t h e
Philippines. The mission of the NCRDC is to conduct security operations within its area
of responsibility and peripheral areas - , for the purpose of establishing effective territorial
defense, maintaining peace and order, in view of developments in the hostage situation
in vo l vin g a Filip in o cit i ze n in I ra q. Pu rsu an t to it s missio n, t he NCRD C in st a lle d
checkpoints in various parts of Metro Manila. Several residents of Metro Manila filed suit
questioning the constitutionality and validity of the NCRDC checkpoints. They allege that
the checkpoints violate Article III, Section 2 of the Constitution proscribing unreasonable
searches and seizures. It is contended, however, that the complainants do not have the
legal standing to raise the constitutional question inasmuch as they have not even been
subjected to the challenged checkpoints.

A.What are the requisites for the exercise of judicial review? (5 pts.)

B.Explain the principle behind the requirement of locus standi. (5 pts.) Is

"people power" recognized by the 1987 Constitution? Explain fully. (5 pts.)

Miguel sin was born a year ago in China to a Chinese father and Filipino mother. His
parents met in Shanghai where they were lawfully married just two years ago. Is Miguel
Sin a Filipino citizen? (5 pts.)