MOCK EXAMINATION

CONSTITUTIONAL LAW 1
MIDTERM EXAMS

General Instructions:

1. Answer the following briefly and concisely using the A-B-C (Answer-Basis-Conclusion)
Format.

2. Points allocated are indicated at the end of every item.

Examination Proper

1. What are the jurisdictions of the COMELEC en banc? 5 pts

2. Mr. A was born on January 16, 1973 in China with his Filipino father and Chinese mother. He
came to the Philippines a couple of days after his birth and 18 years after, he decides to elect
Philippine citizenship. On May 22, 1993, he decides to run for the mayoralty position in Baguio
City. His opponent, Mr. B, contests his candidacy.

A. Mr. B claims that the 1 year residency requirement in the Local Government Code was
not fulfilled by Mr. A. Decide. (10pts)

B. Mr. B also alleges the citizenship of Mr. A. Is Mr. A a Filipino citizen? If yes, which
type? Explain fully. (10pts)

3. Mr. C was a Filipino who applied for American citizenship and got approved last June 12,
2008. He then applied for repatriation here in the Philippines on 2010 and was approved by the
judiciary. On the 2015 national elections, he decides to run as Congressman for the 2 nd district of
Oriental Mindoro. Decide on his eligibility. (10pts)

4. In 2018, Duterte appointed all members of the COMELEC. 4 of the members are lawyers, 2
are statisticians and the chairman is an experienced journalist. Decide on the merits of the
composition of the COMELEC. (10pts)

5. What are the jurisdictions of the COMELEC divisions? (5pts)

6. Who are citizens of the Philippines? (5pts)

7. How many seats are allotted for the qualified party lists in the 2016 Elections based on the
results of the polls below: (CONSIDER THE LIST TO BE EXCLUSIVE)
A- 750,253
B- 324,785
C- 123,789
D- 88, 256
E- 12,858
 F- 6,253
G- 256 (10pts)

8. What are the requisites for executive privilege? (5 pts)

9. Mr. A is a senator who was found guilty of illegal trespassing to dwelling punishable by
imprisonment of 3-5 years. Upon his arrest, he now alleges immunity from suit and arrest. Is Mr.
A’s contention valid? (10pts)

10. Mr. B run for the senatorial race in the 1993 elections and won the 11 th seat. After his
proclamation, it was found out that he is not qualified for the position because he misrepresented
his age. The concerned party filed the case before the COMELEC en banc which rendered a
decision disqualifying Mr. B from the senatorial winners. Mr. B brought the case to the SC
alleging grave abuse of discretion on the part of the COMELEC. Decide on the case. (10pts)