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CONSTITUTIONAL LAW I,
SAT 9-12 AM CLASS
MIDTERM EXAMINATION

QUALIFYING QUESTIONS.

WARNING: A wrong answer to any of the qualifying questions below will

automatically mean a grade of 65 percent in the examination.

1. Who are citizens of the Philippines under the 1987

Constitution?

2. Give the definition of judicial power under the 1987

Constitution?

NON-QUALIFYING QUESTIONS.

PART 1. Define the following terms/concepts:

1. Archipelagic doctrine
2. Power of control
3. Power of judicial review

PART 2. Distinguish the following:

1. Question hour vs. Congressional inquiry

2. Pardon v. Amnesty
3. The President’s emergency power v. The President’s
power to declare martial law
4. Forbidden office v. Incompatible office

PART 3. Enumerate the following:

1. The complete categories of officers whom the President shall

appoint. From these, whose appointments need confirmation by
the Commission of the Appointments?

2. The limitations on the power of the president to declare martial

law or suspend the privilege of the writ of habeas corpus.
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3. At least six (6) safeguards embodied in the Constitution to

ensure the independence of the judiciary.

4. At least five (5) constitutional powers of the Supreme Court and

briefly discuss each.

5. At least three (3) ways by which Congress can “check” the

exercise of power by the Supreme Court. Briefly explain each.

6. At least two (2) ways by which the President can “check” the
exercise of power by Congress. Briefly explain.

7. At least two (2) ways by which the President can “check” the
exercise of power by the Supreme Court. Briefly explain.

8. At least three (3) ways by which a bill passed by Congress

becomes a law.

9. The three (3) limitations to the powers of the Senate, House of

Representatives or any of its committees to conduct legislative
inquiries.

10. The powers each House over its Members.

PART 4
TRUE OR FALSE. Answer TRUE if the statement is true or FALSE if the
statement is completely or partly FALSE. Provide the legal basis for
your answer. If no legal basis is provided, no credit will be given.

1. The Supreme Court, being the highest court of the land, has the
power to establish lower courts.

2. The President as Commander-in-Chief of the armed forces has

the power to allocate government funds to raise an army.

3. The Supreme Court may review the wisdom and soundness of

the President’s declaration of martial law.

4. The President may declare martial law when there is a rebellion

or invasion.

5. Jose was born in the Philippines in 1984. His father is a Filipino

citizen and his mother a Canadian citizen. Under the 1987
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Constitution, he is a Filipino citizen because his father is a

Filipino citizen.

6. Under the 1987 Constitution, Filipino domestic helpers in Hong

Kong are not qualified to vote in national elections in the
Philippines because they are not residents of the Philippines.

7. The Senate has the power to investigate the alleged anomalies in

the government for the purpose of gathering evidence to
prosecute violators of law.

8. Pursuant to its judicial power, the Supreme Court may give legal
opinions on problems that the President may refer to it for
advice.

9. Mr. Chua was born in China but has lived in the Philippines for
the last twenty years. He eventually acquired Philippine
citizenship by naturalization. As a naturalized Filipino citizen,
however, he is not qualified to vote in Philippine elections but he
is qualified to be a candidate in the presidential elections.

10.The Senate has the power to make, alter, repeal, and modify
laws.

11.The President has the power of control over local governments.

12. The President can use the money appropriated for official foreign
travels of the President to pay for urgent emergency
requirements of the Armed Forces of the Philippines in
connection with the latter’s recent military campaign against
terrorists in Jolo.

13.The Commission on Appointments has the power to recommend

appointees to the executive branch.

14. All the President’s appointees to the Supreme Court must be

confirmed by the Judicial and Bar Council.

15. The Commission on Elections shall be the sole judge of all

contests relating to the election, returns and qualifications of the
President and Vice-President and Members of Congress.

16. Under the 1987 Constitution, Congress may by law delegate

some of its taxing powers to the Bureau of Internal Revenues.
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17.The President may refuse to execute a law if, in his opinion, such
law would not be beneficial to the people.

18. Judicial power is vested in the Supreme Court.

19. Executive power is vested in the President and Vice-President,

who both have the power of supervision over executive
departments, bureaus and offices.

20. If the president vetoes an item in an appropriation bill, the entire

appropriations bill is vetoed.

21.Members of Congress are exempt from criminal prosecution

during their entire tenure.

22.A Member of Congress, during his tenure, may not, appear

before any court of law as counsel for any private party, except
the government.

23.A bill changing the name of a provincial road in Batangas must

originate exclusively in the House of Representatives.

24.The Senate may compel the attendance of members of the

Cabinet to appear before it and be asked and heard by the
Senate pertaining to their departments.

25. The President may contract or guarantee foreign loans on behalf

of the Republic of the Philippines with the prior concurrence of
Congress and the Secretary of Finance.

26. Under the Constitution, San Sebastian College, which is a school

established by religious orders, and the San Sebastian Church
shall be exempt from taxation.

27. The provincial government of Pampanga should not pay Gov. Ed

Panlilio his salaries as governor of Pampanga. Under the
Constitution, no public money shall be paid to any priest.

28. Under the Constitution, citizens of the Philippines who marry

aliens shall retain their citizenship, unless they reside outside of
the Philippines.

29.The Kalayaan Group of Islands is part of the Philippine

archipelago and thus is part of the Philippine national territory.
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30. Congress may, by law, impose requirements and procedures to

regulate the practice of law.

31. The President, as Chief Executive, has the power to withhold the
release of the budget of the Supreme Court.

32.The President has the power to define and apportion the

jurisdiction of the courts.

33. In case of a tie in a presidential election, the Supreme Court, by

a vote of two thirds of all its members, shall decide who shall
become President.

34.If the President appoints heads of executive departments while

Congress is not in session, such appointment shall be effective
immediately and up to the end of the term of the President.

35.The President has the exclusive power of appointment.

36.The President, Vice President and members of Congress may

practice their professions and engage in business during their
tenures.

37. A Regional Trial Court judgment in a civil case consisting of only

one sentence, “The complaint is dismissed,” is valid.

38.The Supreme Court has the power to prescribe the qualifications

of judges.

39. In case of death, permanent disability, removal from office, or

resignation of the President, the Vice-President shall serve as
Acting President.

40.To expedite the judicial process and lessen the burden of the
Supreme Court, Congress may pass a law establishing another
Supreme Court.