Constitutional Law 1 Midterm Exam AY 2021-2022 PDF

CONSTITUTIONAL LAW 1 MIDTERM EXAM AY 2021 – 2022 MULTIPLE CHOICE QUESTIONS: 1. Choose the true statement. a) Foreign vessels have no right of innocent passage through the territorial sea. b) Foreign ships enjoy right of innocent passage on the internal waters. c) Foreign vesse...

CONSTITUTIONAL LAW 1 MIDTERM EXAM AY 2021 – 2022 MULTIPLE CHOICE QUESTIONS: 1. Choose the true statement. a) Foreign vessels have no right of innocent passage through the territorial sea. b) Foreign ships enjoy right of innocent passage on the internal waters. c) Foreign vessels have no right of innocent passage through the internal waters. d) Philippines has limited jurisdiction over the contiguous zone. Thus, it cannot enforce customs, taxation, pollution laws within the area. 2. It is not an effect of a belligerent occupation: a) Political laws are suspended. b) Municipal laws remain in force unless repealed c) Jus postliminium d) Change in sovereignty. 3. Which of the following statements is not true? a) Political laws were abrogated with the end of the Spanish rule in the country. b) When there is a change of sovereignty, political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated. c) Municipal laws are suspended when jurisdiction over a territory is transferred from one sovereign to another. d) Judgments of political complexion of the courts during the Japanese regime, ceased to be valid upon reoccupation of the country under the principle of jus post liminium. 4. Choose the false statement: a) Consent to be sued does not include consent to the execution of judgment against it. b) Funds belonging to government corporations that are  deposited with a bank are exempt from garnishment. c) Funds belonging to government corporations (whose charter provide that they can sue and be sued) that are deposited with a bank are not exempt from garnishment. d) Public funds cannot be the object of garnishment proceeding even if the consent to be sued had been previously granted and the state liability adjudged. 5. This is not supported by jurisprudence: a) As an unincorporated government agency without any separate juridical personality of its own, the Bureau of Customs enjoys immunity from suit. b) Department of Agriculture may not be sued for money claims based on contract for security services because of lack of express consent to be sued. c) As an office of the Government, without any corporate or juridical personality, Bureau of Printing cannot be sued. d) Philippine National Railways (PNR) is created to operate transport service which is essentially a business concern, and thus barred from invoking immunity from suit. 6. Which of the following is not considered as Act Jure Imperii? a) Lease by foreign government of condominium units for the billeting of its military officers in Manila. b) Contract for the installation of navigational equipment. c) Concession for the operation of a health SPA in a military base. Bidding for the repair of wharf at a naval station. d) Contract for the installation of navigational equipment. e) Bidding for the repair of wharf at a naval station. 7. Which of the following statements is false? a) Where the contract entered into by the State is in pursuit of a sovereign activity, there is no waiver of immunity, and no implied consent may be derived therefrom. b) State impliedly gives its consent to be sued when it enters into a contract in its proprietary capacity but not in its sovereign capacity. c) The State makes no implied waiver of immunity although it commences the suit, if in do so doing, it acts  in its governmental capacity. d) In filing an action, the State divests itself of its sovereign character and sheds its immunity from suit, irrespective of whether it is in its proprietary or governmental capacity. 8. Mr. Sinco sued the government for damages. After trial, the court ruled in his favor and awarded damages amounting to P50 million against the government. To satisfy the judgment against the government, which valid option is available to Mr. Sinco? (2013 Bar) a) Proceed to execute the judgment as provided by the Rules of Court because the State allowed itself to be sued. b) Garnish the government funds deposited at the Land Bank. c) File a petition for mandamus in court to compel Congress to appropriate P50 million to satisfy the judgment. d) File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327, as amended by Presidential Decree1445. e) Make representations with the Congress to appropriate the amount to satisfy the judgment. 9. The separation of Church and State is most clearly violated when __________. (2013 Bar) a) the State gives vehicles to bishops to assist them in church-related charitable projects b) the State allows prayers in schools for minor children without securing the prior consent of their parents c) the State funds a road project whose effect is to make a church more accessible to its adherents d) the State expropriates church property in order to construct an expressway that, among others, provides easy access to the Church's main cathedral e) the State declares the birthplace of a founder of a religious sect as a national historical site 10. Which of the following best exemxplifies how the system of checks and balances is carried out: a) the judiciary overturns a pardon granted by the President as a check on executions; b) the President pardons an accused after arraignment in the :  interest of justice. c) the legislature passes a law that prohibits the president from commuting a judiciary imposed sentence, as a check of the president; d) the President pardons a convict as a way to set aside or modify a judgment of the judiciary; 11. Which one is NOT a recognized limitation to the right to information on matters of public concern: a) national security matters; b) criminal matters or classified law enforcement matters; c) government research data used as a basis for policy development. d) trade secrets and banking transactions; e) the President pardons a convict as a way to set aside or modify a judgment of the judiciary; 12. Optional religious instruction in public elementary and high schools is allowed provided it be: a) without additional power consumption costs to Government. b) without additional cost for religious books to Government; c) without additional cost to Government; d) without additional overtime cost to Government; 13. The achievement of the objectives of the principle of Separation of Powers calls for: a) supremacy of the Judicial department. b) its observance with “pedantic rigor”. c) the “doctrinaire application” of the theory, d) blending of powers and checks & balances. e) independence of each department or branch of government 14. When there’s war or national emergency: a) the President is empowered not only to execute but to enact laws. b) the President may immediately exercise emergency powers to address the emergency. c) President may exercise his powers as the Commander in Chief of the AFP for the protection of the people. :  d) Congress may pass a law or adopt measures to address the emergency. e) the President becomes a constitutional “dictator”. 15. Which principle or statement is not consistent with the others: a) Judicial Supremacy b) Blending and sharing of powers c) Separation of Powers d) Delegata potestas, non potest delegari. e) Checks and balances 16. The following were declared to be sufficient standards, except: a) Public interest, public welfare, justice and equity b) Fair and equitable employment practices c) National security and protection of military resources against espionage and sabotage d) Compensation and allowances of Justices and Judges as maybe authorized by the President e) Distribution to charitable institutions and deserving farmers as the public officer may see fit 17. Which of the following violates the principles of separation and non- delegation of powers: a) A regulation fixing ceiling prices pursuant to a law authorizing and giving the President discretion to issue or promulgate temporary rules and emergency measures in case of extraordinary rise in the prices of rice or corn. b) President’s exercise of emergency powers during the existence of emergency, without any resolution being passed by Congress withdrawing the emergency powers and prior to adjournment of Congress. c) An appropriation law allocating to individual legislators lump-sum funds, and allowing the legislators to identify programs and projects and to authorize the release of :  the funds. d) The exercise of power of taxation of local government units through the enactment of ordinances. e) None of the choices. 18. Which of the following is not one of the elements of the State? a) People b) Sovereignty c) Administration d) Territory e) None of the choices 19. This is not one of the functions of UNCLOS: a) Business b) Management of marine natural resources c) Environment d) Military 20. What should be done if there is a conflict between an international treaty and a municipal law? a) Prefer or uphold the municipal law because it was passed in the exercise of police power which can not be bargained through a treaty. b) Ignore both. c) Harmonize the conflict as to give meaning to both. d) Uphold the international treaty under the doctrine of pacta sunt servanda ESSAY: 21. Congress passed a law in order to implement faithfully the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Atty. Marlon Magalong, in a petition filed with the Supreme Court, assails the constitutionality of said law on the ground that the said law discarded the definition of the Philippine territory under the Treaty of Paris and in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines; and converted internal waters into :  archipelagic waters. Is the petition meritorious? (5 points) ANSWER: No. As held in the Magallona v. Ermita case, the State only acquires or loses territories through prescription, accretion, cession, and occupancy, and not through the execution of multilateral treaties in relation to the rules and regulations set by in the treaty. The doctrine of pacta sunt servanda, what has been agreed upon must be upheld in good faith, can be applied here too. Because of the Philippines agreement, evidenced by it being a signatory of the UNCLOS, it is within the power of Congress to pass a law that is in faithful compliance with the treaty. Hence, the petition will not prosper. 22. The Family Court of Quezon City in a decision dated June 05, 2018, found that Joseres and Julier Rosuelo (born on April 8, 1995 and April 27, 1993, respectively) are illegitimate children of Julian Rosuelo and Angelina Corpuz. It ordered Julian to pay them the sum of P10,000 as a monthly allowance for support, beginning October 2017. Julian Rosuelo appealed to the Court of Appeals from that decision. Two months after the filing of the appeal, Joseres and Julier filed with the Family Court a motion for the execution of the judgment of said court pending appeal. Julian opposed that motion on the ground that the lower court had lost jurisdiction to grant execution since the case had been elevated to the Court of Appeals. The Family Court granted the motion on the theory that the judiciary is an agency of the State acting as parens patriae and that if the said order is erroneous, the error is only an error of judgment and is not a grave abuse of discretion or an act in excess of jurisdiction. Julian in his counter-argument asserts that the application of the doctrine of parens patriae to this case is doubtful because the recipients of the support granted by the Family Court are no longer minors. Do you agree with Julian’s contention? (5 points) ANSWER: No. In the case of Cabanas vs Pilapil, the doctrine of parens patriae or "parent of the nation" refers to the inherent power of and authority of the state to provide protection over the people even its property non sui juries :  (not his own master). Therefore, if a person is having any disabilities or if needed protection regardless of whether it is a minor or not, it is inherent in the supreme power of the State and it is necessary for the exercise of the interest of humanity. Therefore, the state's action is correct. 23. The US Embassy in Manila entered into a Maintenance Agreement with Zalavar Services Corporation, a private domestic company engaged in maintenance work. The Agreement binds Zalavar Services, for a fee, to maintain the Embassy's air-conditioning units for one year. Under Section 10 of the Agreement, it is provided that the Agreement shall be governed by Philippine laws and that any legal action shall be brought before the proper court of Manila. On the ground that Zalavar Services allegedly did not comply with their maintenance standards, the US Embassy terminated the Agreement. Zalavar Services contested the termination and filed a complaint against the Embassy before the Regional Trial Court of Manila. The Ambassador now seeks your legal services and wants you to file a motion to dismiss on the ground of state immunity from suit. Can the US Embassy successfully invoke immunity from suit? (5 points) ANSWER: Yes. Since the US Embassy is an extension of the territory of the US Government, the privilege of State immunity is also afforded to the Embassy. As such, they cannot be sued without its consent. The act of the Embassy entering a business contract with a private domestic company did not relinquish its immunity from suit since it is still a governmental function. SC held in Republic of Indonesia v. Vinzon that upkeep and maintenance of an embassy is part of their governmental function. Hence, the blanket of State immunity should be extended in the case at bar. 24. Jolly Mondares, a truck driver employed by the city government, ran over a pedestrian, Rachel Aranas, in the course of his work driving a garbage truck to collect solid waste from various sites in the locality. Rachel died as a result of the injuries she sustained. Her heirs instituted a complaint for damages with :  the Regional Trial Court against the City and its driver Jolly, alleging that the city and its driver were liable for damages for their negligence and that the city is suable since collection of garbage is not a governmental function. As the City’s Legal Officer, what arguments would you raise to protect the interest of the local government and its employee? (5 points) ANSWER: In this case, Jolly Mondares, the truck driver was currently doing governmental function when he ran over the pedestrian. The state immunity here is not just about the public officer but also against the municipality as well, because the liability in the event would also be borne by the Municipality. Citing the case of Municipality of La Union vs Judge Firme, it was stated there that State Immunity of Municipal Corporations are agencies of the State when they are engaged in governmental functions and should enjoy the immunity from suit. It was also provided that generally, they are subject to suit because their charter provides that they can be sued and be sued. However, the agent here was acting in his governmental capacity therefore, it would enjoy the immunity of suit as public officer. 25. Congress passed a law providing that: “The Philippine Overseas Employment Administration (POEA) shall formulate and undertake a systematic program for promoting and monitoring the overseas employment of Filipino workers taking into consideration domestic manpower requirements, and to protect their rights to fair and equitable practices.” Due to the increasing number of cases of piracy involving maritime vessels manned by Filipino seafarers, the POEA Administrator issued a Memorandum Circular, fixing and prescribing rates for death and workmen’s compensation of Filipino seamen working in ocean going vessels. The Association of Maritime Manning Agencies filed a petition urging the Court to annul the POEA Memorandum Circular on the ground that its issuance is unconstitutional and in violation of the principles of separation of powers and non-delegation of powers. a) Decide the case. (5 points) :  b) Explain the concepts and reasons/purpose for the principle of separation of powers and non-delegation of powers. (5 points) ANSWER: 1. The said act of POEA is constitutional. As part of our Jurisprudence (Eastern Shipping Lines case), proper delegation can be made to certain "Administrative" bodies since the same can execute these rules and regulations more effectively and efficiently. This is to address the complexities of the modern world changes by which the Congress may be limited in anticipating thereof, especially the possible day to day transactions and events by which are cured by delegation of acts to the "experts" on those transactions and in this case, it is POEA (Administrative Agency). Assuming that the laws passed by Congress are complete and sufficient in form, there is no question that the delegation made was valid and constitutional. 2. It is a general rule that delegated powers cannot be further delegated. However, the law provides that the same can be passed upon other agencies through these instances. a. Through people at large b. Tariffs power to the President. c. emergency Powers to the president during a national emergency d. Through an administrative bodies / agencies e. Through local government This is to help the Congress to ensure that the welfare of the society is upheld by delegating the same to make the execution more effective and efficient. This is also to "fill in the gaps" of the Legislature to the said laws. Proper delegation can be tested thru completeness test (no further act is needed, and the mere implementation and execution of the law is the only remaining thing to be done) and standard sufficiency test (by which the parameters are clearly set as to what items can be filled-in to ensure that is it within the intention of the framers of the law). :  26. Due to the COVID-19 pandemic and its adverse impact on the daily lives of the people and the economy, President Dutrenta declared a state of national emergency. With the noble intentions of stopping the spread of the virus, providing financial assistance to the people and reviving the economy, he immediately issued several executive orders and proclamations in the exercise of emergency powers pursuant to Section 23(2), Article VI of the Constitution. Senator Rich Don challenged the validity and constitutionality of President Dutrenta’s actions. a) Decide the case. (5 points) b) Assuming President Dutrenta was validly authorized to exercise emergency powers for a period of 2 years, but after six months, the emergency has ceased, may the President still continue exercising emergency powers until the expiration of 2-year period, or until the withdrawal of the emergency powers by Congress? (3 points) c) What if the emergency continued beyond the 2-year period and Congress has failed to pass a resolution withdrawing the grant of emergency powers, may President Dutrenta still exercise emergency powers? (2 points) ANSWER: 1. President Dutrenta's actions are partly constitutional. As held in the David v. Arroyo case, it is within the powers of the President to declare a state of national emergency but to exercise emergency powers is still wanting an enabling resolution from the Congress to employ such. The President cannot exercise emergency powers without a resolution from Congress as it is violative of the concept of separation of powers. 2. As a general rule, the resolution to exercise emergency powers is self-liquidating upon the expiration of the set period of Congress. In this case, for the emergency powers of the President to cease, Congress should enact a new resolution to withdraw such powers from the President. 3. As discussed in the previous number, the resolution to :  exercise emergency powers is self-liquidating upon the expiration of the set period of Congress. Since the grant of emergency powers has already ended upon the expiration initially set by the Congress, the President can no longer exercise emergency powers. 27. Ms. Rhodesia De Borja, a working student studying at the San Beda College of Law, was bypassed for a promotion in the government agency where she was working. Irate and disillusioned because of what happened, she requested for information from the Civil Service Commission (CSC) on the eligibility of all her co-employees who belonged to the Human Resources Department. In view of the volume of documents, Davey Nacino, the document custodian, assessed Miss De Borja a whopping amount for the requested copies. Miss De Borja protested saying that the CSC had the obligation to disclose said information and should not burden the requesting party the obligation to pay to get a copy of such documents since those documents are of public interest and that state policy favors disclosure rather than secrecy. Decide (5 points). ANSWER: As stated in our declaration of state policies, the right to public information is a right to every individual of the State. In this case, the mere requirement for the payment of the printing of copies is not tantamount to the withdrawal of the agency to respect the right to release public information. These printing costs are only valid to be borne by the requestor in this case since this should not interfere as an additional expense to the agency involved. Hence, Secrecy is not an issue in this case. 28. A collision occurred involving a commercial passenger jeepney driven by Ashley, a private company-owned cargo truck driven by Carlo, and a dump truck owned by the Municipal Government of Taytay, Rizal which was driven by Heherson Urmatam, a non-plantilla Job Order personnel of the LGU. Heherson was on his way to get a load of sand for the repair of the road along the Taytay Municipal Hall. As a result of the collision, 3 passengers of the jeepney being driven by Ashley :  died. The families of the deceased filed a complaint for damages against Carlo who in turn filed a third-party complaint against the Municipality of Taytay and truck driver Ryan. Is the Municipality of Taytay liable for the tort committed by its employee? Explain fully (5 points). ANSWER: No. As stated in our jurisprudence and laws, suability is not tantamount to liability. In this case, we should assess whether the municipality of Taytay is suable in its capacity as a government. Heherson, being a special agent (non-plantilla job order personnel) of the LGU, it can be said that he is not a government official per se. Hence, since the same is only a special agent of LGU, LGU then does not extend its government capacity to Heherson. In this sample case, Heherson can be sued in his own and personal capacity, hence Municipality cannot be sued and cannot further be liable on the said case. 29. Inspired by her learning of the Supreme Court case of Estrada vs. Escritor, Niqy Bancud, a clerk at the Supreme Court, contended that she may refuse to join or participate in her recent military appointment/commission because a hybrid opposition to any and all forms of violence is one of the tenets of her religion, the so-called Iglesia ni Capayapaan (INC). This is aside from her argument that ladies are not fit to participate in traditionally male dominated activities such as fighting. The INC, however, allows its male members to be engaged in activities which involve fighting or violence. According to Miss Bancud, she runs the risk of being expelled from her religion if she participates in any military or quasi-military activity. The prohibition espoused by her religion prohibits the acceptance even of an administrative or non-combatant post for females. By way of compromise, their Chief Minister encouraged male members to petition the military to substitute their female congregation members. Given the facts, is the contention of Miss Niqy Bancud tenable? Explain fully (10 points). ANSWER: As per our Constitution, the State may call upon its citizens to provide civil or military duty in the defense of the State. Given the facts of this case, the :  contention of Miss Bancud is not tenable on the following instances: In Jacobson case cited in People v. Lagman and Zosa, it was held that the State may invoke its right for the military duty of its citizen, even through force and against its religion, as long as it is not contrary to the Constitution. In the case at bar, if only the military prescription, excluding the non-participation even for civil duty, is being petitioned by Miss Bancud, she could have contended or requested to be assigned to a non-combatant or administrative duty in consideration of her religion, in accordance with the Estrada v. Escritor case on the principle of the Free Will Clause relating to the right to freedom of religion. The military duty provided in our Constitution does not discriminate on the basis of sex. Hence, her contention regarding her being a female will not prosper. What is being invoked in our Constitution regarding military duty or civil duty is personal duty. As such, the substitution of the male congregation members for the female congregation members will not proper. MODIFIED TRUE OR FALSE. Write TRUE if the given statement is always true and write FALSE if the given statement admits of exceptions which make it false. In either case, write a brief explanation to defend your answer. 1. The idea of co-equality between the executive, legislative and the judicial branches of government is illusory in reality because the judiciary, through the Supreme Court, has the final say on things because their decisions become part of the law of the land which must be adhered to by both the executive and legislative branches. (5 points) ANSWER: False. As held in our Jurisprudence, the judicial supremacy of the Judicial branch is not the upholding of its power over the other branches but the upholding of the Constitutional supremacy since their judicial power to review is based on the Constitution. :  2. Any conflict involving public at-large rights and rights of the economically underprivileged must necessarily be resolved in favor of the underprivileged since the same is consistent with the idea of Social Justice which also teaches us that “those who have less in life must have more in law”. (5 points) ANSWER: False. The concept of due process and equal protection of the law would provide that there is procedural due process in the event that the underprivileged would be involved. The concept of equal protection provides that there should be no one who will be unjustly enriched and no one who will be taken away a right and all persons of the same class must be treated similarly. 3. The wall of separation between Church and State is an impenetrable wall such that the Church can never be given any benefit by the State. (5 points) ANSWER: False. In reality, even though there is a separation of the Church and the State, there are few exceptions in which the State provides for the Church’s benefit such as the non- imposition of taxes for the direct religious activities of the Church. 4. Under Republic Act No. 9522, none of our baselines may exceed 100 nautical miles because the same would be in direct violation of the provisions of the United Nations Convention on the Laws of the Sea 3 (UNCLOS 3). (5 points) ANSWER: True. According to UNCLOS, our baseline shall not exceed 100 nautical miles, except when a baseline enclosing an archipelago exceeds, it may extend up to a maximum of 125 nautical miles. :