Law, Politics, and Philosophy

Tuguegarao City, Cagayan. Atty. MICHAEL JHON M. TAMAYAO manages this blog. Contact: mjmtamayao@yahoo.com.

CONSTITUTIONAL LAW I (QUESTIONS)

CONSTITUTIONAL LAW I

I. MCQ[1]

  1. A child born in the United States to a Filipino mother and an American father is

(A) a Filipino citizen by election.

(B) a repatriated Filipino citizen.

(C) a dual citizen.

(D) a natural born Filipino citizen.

  1. Filipino citizenship may be acquired through judicial naturalization only by an alien

(A) born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(B) who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.

  1. Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion?

(A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions.

(B) Grant the motion provided he posts bail since he is not a flight risk.

(C) Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate.

(D) Deny the motion since immunity from arrest does not apply to a charge of murder.

  1. Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed the condition. Was the veto valid?

(A) Yes, since the vetoed condition may be separated from the item.

(B) Yes, the President’s veto power is absolute.

(C) No, since the veto amounted to a suppression of the freedom to communicate through television.

(D) No, since the approval of the item carried with it the approval of the condition attached to it.

  1. In the exercise of its power of legislative inquiries and oversight functions, the House of Representatives or the Senate may only ask questions

(A) that the official called is willing to answer.

(B) that are relevant to the proposed legislation.

(C) to which the witness gave his prior consent.

(D) material to the subject of inquiry

  1. Congress enacted Republic Act No. 1234 requiring all candidates for public offices to post an election bond equivalent to the one (1) year salary for the position for which they are candidates. The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast.

Is Republic Act No. 1234 valid?

(A) It is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections.

(B) It is valid as the bond requirement ensures that only candidates with sufficient means and who cannot be corrupted, can run for public office.

(C) It is invalid as the requirement effectively imposes a property qualification to run for public office.

(D) It is invalid as the amount of the surety bond is excessive and unconscionable.

(E) It is valid because it is a reasonable requirement; the Constitution itself expressly supports the accountability of public officers.

  1. A child born under either the 1973 or the 1987 Constitution, whose father or mother is a Filipino citizen at the time of his birth, is __________.

(A) not a Filipino citizen as his father and mother must both be Filipino citizens at the time of his birth

(B) not a Filipino citizen if his mother is a Filipino citizen but his father is not, at the time of his birth

(C) a Filipino citizen no matter where he or she may be born

(D) a Filipino citizen provided the child is born in the Philippines

(E) a Filipino citizen if he or she so elects upon reaching the age of 21

  1. Who has control of the expenditure of public funds?

(A) The Office of the President through the Department of Budget and Management.

(B) The House of Representatives from where all appropriation bills emanate.

(C) The Senate through its Committee on Finance.

(D) The Congress of the Republic of the Philippines.

(E) Both the members of Congress and the President acting jointly, if so provided by the General Appropriations Act.

  1. The separation of Church and State is most clearly violated when __________.

(A) the State funds a road project whose effect is to make a church more accessible to its adherents

(B) the State declares the birthplace of a founder of a religious sect as a national historical site

(C) the State expropriates church property in order to construct an expressway that, among others, provides easy access to the Church’s main cathedral

(D) the State gives vehicles to bishops to assist them in church-related charitable projects

(E) the State allows prayers in schools for minor children without securing the prior consent of their parents

10. Senator GSC proposed a bill increasing excise taxes on tobacco and alcohol products. The generated incremental revenues shall be used for the universal health care program for all Filipinos and for tobacco farmers’ livelihood. After the Senate passed the bill on third reading, it was transmitted to the House of Representatives which approved the bill in toto. The President eventually signed it into law. Atty. JFC filed a petition before the Supreme Court, questioning the constitutionality of the new law.

Is the law constitutional?

(A) The law is constitutional because it is for a public purpose and has duly satisfied the three-readings-on-separate-days rule in both Houses.

(B) The law is unconstitutional because it violates the equal protection clause of the Constitution; it is limited only to alcohol and liquor products.

(C) It is constitutional because of the Enrolled Bill Theory.

(D) It is constitutional because it is valid in form and substance and complied with the required lawmaking procedures.(E)

(E) None of the above is correct.

II. Discussions

  1. What is the difference between a citizen and an alien?
  1. What is meant by a bicameral legislature?
  1. What is the difference between a Senator and a Member of the House of Representatives?
  1. A Bill of Local Application was submitted by Senator Wade to the Senate Secretary. It has passed three readings in the Senate and then in the Congress. Thereafter, it was presented to the President for approval, but the same was disapproved. The President vehemently objected to the validity of the entire process.

Is the President correct?

  1. President Juan Masipag filed an application for appropriation, and in pursuance thereof money was paid out of the National Treasury. It must be noted that the appropriation is for a public purpose, and it is not for any specific sect, church, denomination.

Is there something wrong with the presidential appropriation?

  1. Noel Uban was nominated by President John Mar Siuagan to the rank of naval captain in the Armed Forces of the Philippines. His nomination has been confirmed by the Commission on Appointments, and his appointment (by President Siuagan) followed thereafter. Noel Uban have accepted the nomination with great pride and honor. The President reconsidered his appointment after discovering that Mr. Uban has a criminal record. The President withdrew his appointment. Is this allowed? Explain your answer.
  1. What are the constitutionally allowed “delegation of legislative power” by Congress?
  2. What Are the limitations to the Congress power to exercise legislative power?

[1] Bar Questions

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This entry was posted on September 28, 2014 by in Uncategorized.

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tamayaocsu

tamayaocsu

Tuguegarao City, Cagayan Atty. MICHAEL JHON M. TAMAYAO manages this blog. He is currently starting his private law practice. Contact: mjmtamayao@yahoo.com; Tel. No. 09353343739. PROFILE: Atty. Tamayao is currently teaching law, philosophy and social sciences at the Cagayan State University. He finished his Bachelor of Arts in Philosophy degree at the Faculty of Philosophy, University of Santo Tomas and graduated in 2005, garnering the highest academic honors in that Academic Year. He pursued Licentiate in Philosophy and Master of Arts in Philosophy degrees at the same university, completing them both in 2007. In 2009, he took up Bachelor of Laws and Letter at the Cagayan State University, where he also teaches. He passed the 2013 bar exams, and now currently taking up Master of Laws and Letters at the San Beda Graduate School of Law.

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