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LARGO
CONSTITUTIONAL LAW I
Long Quiz No. 1
Part 1
A. True or False
Tell whether the following statements are true or false. (2 points each item)
B. Multiple Choice
Choose the letter of the correct answer. (2 points each item)
1. It is the most pervasive, the least limitable, and the most demanding of the three
inherent powers of the state.
a. Police power c. Power of taxation
b. Power of eminent domain d. Sovereignty
ANSWER: a. Police power
5. The constitution is the basic and paramount law of the land which means that
7. It is defined as the study of the maintenance of the proper balance between authority
and liberty.
a. Political law c. Election law
b. Constitutional law d. Administrative law
ANSWER: b. Constitutional law
9. In case of doubt on the intendment of its framers, the provisions of the constitution
should be interpreted as
a. Self-executing rather than non-self-executing
b. Directory rather than mandatory
c. Retrospective rather than prospective
d. Progressive rather than petrified.
ANSWER: b. Directory rather than mandatory
Part 2
Answer the following questions clearly and concisely. A mere yes or no will not merit
any consideration.
I
The City of Cebu filed an expropriation proceeding against X for the purpose of
converting his private property into road. The trial court ordered expropriations and ordered
Cebu to pay just compensation. As Cebu City refused to pay, X sued Cebu City at the RTC
Cebu to collect payment. May the City of Cebu invoke immunity from suit? Why? (10
points)
ANSWER:
The right of the government to obtain private land for public purposes is known
as eminent domain, and this right derives from constitutions and related laws. The power of
eminent domain allows the government to take private property for public purposes only if
the government provides fair compensation to the property owner. In the case of X vs City
of Cebu, the latter has no immunity from the suit because it did not provide fair
compensation to the property owner.
II
The functions of the government may be classified into constituent and ministrant functions.
Constituents are the compulsory functions which constitute the very bonds of society, while
the ministrant functions are the optional functions of government intended for achieving a
better life for the community.
III
The provision is not a ban of all “nuclear-capable vessels.” For a vessel to be banned, it is
not enough that it is capable of carrying nuclear arms; it must actually carry nuclear arms
which is the use and stockpiling of nuclear weapons, devices, and parts thereof.
IV
Congressman Emmanuel “Manny” Pacquiao authored a bill called House Bill No.
0001 which legalizes jueteng. When House Bill No. 0001 became a law (Republic Act No.
10101), Fr. Joaquin Bernas, a priest and professor of law, filed a petition seeking for the
nullification of the law on the ground that it is unconstitutional as it violates Section 13,
Article II, of the 1987 Philippine constitution which states that “The State recognizes the
vital role of the youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual and social well-being.” Fr. Bernas filed the petition as concerned
citizen and as taxpayer. Does Fr. Bernas have locus standi? Explain your answer. (10
points)
ANSWER:
Jueteng is considered an illegal form of gambling in the Philippines. However, likely
Jueteng games will never stop due to their popularity across all social and economic
classes. Low levels of gambling might seem safe for older children and teenagers, and
some teenagers who are trying out new experiences do gamble. But gambling in childhood
increases the risk of gambling problems in adulthood. Problem gambling is harmful
to psychological and physical health. People dealing with this addiction can suffer
from depression, migraine, distress, intestinal disorders and other anxiety related. If the
jueteng legalizes, it will be very accessible to the youth and easier for them to get hooked.
This will be a clear violation of Section 13, Article II, of the 1987 Philippine constitution
which states that “The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual and social well-being”,
because gambling as mentioned can cause deterioration of physical health and even moral,
spiritual, intellectual and social well-being.
V
a. Is the right to bear arms a constitutional right in the Philippines? Explain your
answer. (5 points)
ANSWER:
NO. The right to bear arms is not a constitutional right in the Philippines. In our country,
the right to protect oneself exists, but as all rights have limitation, our forefathers have
determined a constitution that does not give a right to bear arms to it’s citizens. Firearm
ownership and carrying is only a privileges and the seeker must submit certain
requirements to apply for a permit. Since 1907 various laws have been enacted to
regulate the ownership and use of firearms. The first law was Act No. 1780, which was
titled as "An Act to Regulate the Importation, Acquisition, Possession and Transfer of
Firearms and to Prohibit the Possession of Same Except in Compliance with the
Provisions of this Act." Banning a constitutionally protected thing because some people
will misuse it.
b. Enumerate the manifestations of the fact that the Philippines is a democratic and
republican state. (5 points)
ANSWER:
The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has sovereignty
or jurisdiction consisting of its terrestrial, fluvial and shelves, and other submarine areas.
The waters around, between and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the Philippines.
b. Section 10, Article II of the 1987 Philippine Constitution provides that “The State
shall promote social justice in all phases of national development.” Discuss
social justice. (5 points)
ANSWER:
Social Justice means those who have less in life should have more in law. In the
case of Calalang vs. Williams it was stated that social justice is neither
despotism, nor communism, nor atomism, nor anarchy, but the humanization of
laws and equalization of social and economic forces by the State so that justice
in its rational and objective conceptualization may at least be approximated.
Social justice issues can occur in relation to practically any aspect of society
where inequality can arise as a result of unjust prejudices or policies.
ANSWER:
PREAMBLE
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