CONSTITUTIONAL LAW 1

MIDTERM EXAM
HUEY RANZ KRIZZA R. CALABINES

PART 1
Multiple Choice Questions
A. It is supreme over all laws
C. Taft Commission
D. None of the statements are true
D. Recognition of foreign government
A. Batanes Islands
PART 2
Essay
1.
A. State – It is an organized community of persons that permanently occupying a fixed territory
under one government.
Government – It is the governing body of the nation and state.
People – It is the men, women and children of a particular state.
B. The national territory of the Philippines comprises:
1) The Philippine archipelago;
2) all other territories over which the Philippines has sovereignty or jurisdiction
PHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in
the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty with
Great Britain (1930).
Consists of its
a) Terrestrial
b) Fluvial
c) Aerial domains
Including its
a) Territorial sea
b) The seabed
c) The subsoil
d) The insular shelves; and
e) The other submarine areas
INTERNAL WATERS – the waters Around, Between and Connecting the islands of the
archipelago, regardless of their breadth and dimensions
ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR
JURISDICTION – includes any territory that presently belongs or might in the future belong to
the Philippines through any of the accepted international modes of acquiring territory.

ARCHIPELAGIC PRINCIPLE
Two elements:
1. The definition of internal waters (supra);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight
lines connecting the outermost points on the coast without departing to any appreciable extent
from the general direction of the coast.
Important distances with respect to the waters around the Philippines
-Territorial Sea 12 nautical miles (n.m.)
-Contiguous Zone 12 n.m. from the edge of the territorial sea
-Exclusive Economic Zone 200 n.m. from the baseline
[includes T.S. and C.Z.]
TERRITORIAL SEA
The belt of the sea located between the coast and internal waters of the coastal state on the one
hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark.
CONTIGUOUS ZONE
Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the
coastal State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or
sanitary laws.
EXCLUSIVE ECONOMIC ZONE
Body of water extending up to 200 nautical miles, within which the state may exercise sovereign
rights to explore, exploit, conserve and manage the natural resources
The state in the EEZ exercises jurisdiction with regard to:
1. the establishment and use of artificial islands, installations, and structures;
2. marine scientific research;
3. the protection and preservation of marine environment;
2.
A) The incorporation clause prescribes that the Philippines adopted the generally accepted
principles of international law as part of our own land and no legislative action is required to
make them applicable in a country. The doctrine of incorporation is applied whenever municipal
tribunals (or local courts) are confronted with situations in which there appears to be a conflict
between a rule of international law and the provisions of the Constitution or statute of the local
state.
B) Since we adopted the general principles of international law, we should abide the
agreement between the foreign law and domestic law. We should treat them in accordance with
the law.
C) No. Because Constitution is the supreme of all the laws. We just adopted the general
principles of international law but it is still the constitution that we follow and above everything.
One significant fact that must be considered is that international law does not hold a
position of primacy in our jurisdiction. In our country, the one standard that embodies the
legality of actions and the definition of rights is our Constitution. The Constitution reigns
supreme and whenever international law (understood for the moment to be treaties or customary
law) is in conflict with the former, then the Constitution will prevail. Without question. This is a
legal policy we share with a number of other jurisdictions, such as the United States. In fact,
there is only one country I know that expressly stated that international law prevails over its
constitution. The Philippines, to be clear, is not that country.
D) Section 21 Article 2 of the Constitution states that:
The State shall promote comprehensive rural development and agrarian reform.

E) Section 14 Article 2 of the Constitution states that:

3. I agree with the House of the Representative. In the case of Arnault, the Supreme Court
said that a legislative body cannot legislate wisely or effectively in the absence of information
respecting the conditions which the legislation is intended to affect or change; and where the
legislative body does not itself possess the requisite information. Experience has shown that
mere requests for such information are often unavailing, and also that information which is
volunteered is not always accurate or complete so means of compulsion is essential to obtain
what is needed. The fact that the constitution expressly gives to congress the power to punish its
members for disorderly behavior, does not by necessary implication exclude the power to punish
for contempt any other person.
The limitations in legislative inquiries are:
o It must be in aid of legislation.
o It must be in accordance with its duly published rule of procedure.
o The rights of person appearing in or affected by such inquiries shall be respected.
 4.
A. Separation of Powers
The principle of separation of powers prevents the concentration of legislative, executive,
and judicial powers to a single branch of government by deftly allocating their exercise to the
three branches of government. In essence, the separation of powers means that the making of the
laws belongs to Congress, the execution of the laws is to the executive and the settlement of
controversies rests in the Judiciary. Each is prevented from invading the domain of the others.
The purpose of the separation of powers is to prevent concentration of authority in
one department and thereby avoid tyranny.

The separation of powers however should not be interpreted as complete separation and
absolute exclusion. The doctrine carries that although the three branches are not subject to the
control by either of the others and each is supreme within its own sphere, they are still equal and
coordinate. Equal because they all derive their powers from the same common sovereign through
the constitution. And coordinate because they cannot simply ignore the acts done by other
departments as nugatory and not binding.
B. Shame campaign of Duterte’s Administration will violate the fundamental law of the land
which is stated in the Article 2 of the Constitution under the state policies and bill of rights of a
person. If they really want to pursue this campaign they should first be vigilant with the laws.
C. Extra-judicial killings became prominent in our country today. It was led by the Duterte’s
Administration and its purpose is to eradicate the drug syndicates in the country. I believe that
extra-judicial killings is fine because it minimizes the drug syndicates but it also has a negative
effect to the people. The authorities became careless in executing their operations which is
violating the rights of the person. That’s why extra-judicial killings is not an effective way to
eliminate violence because it also adds violence in the country.
D. The government is the agency in which the laws are enforce and administration usually
refers to the politically elected and appointed members of the executive branch.
5
A. Amelia is not administratively liable. Although the morality contemplated by laws is
secular, benevolent neutrality could allow for accommodation of morality based on religion,
provided it does not offend compelling state interest. There is no doubt that between keeping her
employment and abandoning her religious belief and practice of family on the one hand, and
giving up her employment and keeping her religious belief and practice puts burden in her free
exercise of burden.
B. Benevolent Neutrality recognizes that government must pursue its secular goals and
interests, but at the same time, strive to uphold religious liberty to the greatest extent possible
within flexible constitutional limits.

6
If I were the judge in this case, I will grant the petition of the 44 children because they
have a locus standi in this case. The right to balanced and healthful ecology under the State
Policies is self-executing and judicially enforceable. In Article 2 Section 16 states: The State
shall protect and advance the right of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature. This means that the country’s state of environment is
facing gradual degradation from the problem of pollution of different kinds to the eventual
destruction of our natural resources. Therefore, if the deforestation will continually damage the
environment, the quality of living we have is adversely affected. The existing agreements in
timber license shall be cancelled because it is contrary to the law.
7.
A. Yes. I will agree to the President. The current situation in Mindanao harms the people
living there. Based on the happenings, it is safe to say that Martial Law will help the region to
protect the people as well as avoid the possibility of invasion. I think Martial Law could be a
great way to stop terrorism in the region.
B. The Qualifications for Representatives. No Person shall be a Representative who shall
not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that State in which he shall be
chosen.
C. Section 9 of Republic Act No. 7941 states that:
Qualification of Party-List Nominees - No person shall be nominated as party-list
representative unless he is a natural born citizen of the Philippines, a registered voter, a resident
of the Philippines for a period of not less than one (1) year immediately preceding the day of the
election, able to read and write, bona fide member of the party or organization which he seeks to
represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five
(25) years of age on the day of the election. In case of a nominee of the youth sector, he must at
least be twenty-five (25) but not more than thirty (30) years of age on the day of the election.
Any youth sectoral representative who attains the age of thirty during his term shall be allowed
to continue until the expiration of his term.
8.
A. Social justice or any justice for that matter is for the deserving, whether he be a
millionaire in his mansion or a pauper in his hovel. It is true that, in case of reasonable doubt, we
are called upon to tilt the balance in favor of the poor, to whom the Constitution fittingly extends
its sympathy and compassion. But never is it justified to prefer the poor simply because they are
poor, or to reject the rich simply because they are rich, for justice must always be served, for
poor and rich alike, according to the mandate of the law. Police power is the inherent power
exercised when congress adopts and approves legislations related to social justice.
B. Under the Article 13, Section 2 of the Constitution states that: The promotion of social
justice shall include the commitment to create economic opportunities based on freedom of
initiative and self-reliance.
9.
A. Onofre’s reacquisition of Philippine citizenship benefited only his minor children Robert
(16) and Marie (14) and conferred upon them Filipino citizenship based on RA 9225, Section 4.
His eldest son Alfred (21) who is not a minor but considered as a natural-born citizen would not
be in scope of RA 9225 because he is considered as having dual citizenship and is entitled to
apply for a Philippine passport. With his foreign wife, Salvacion, RA 9225 also does not apply.
His wife’s option if she wishes to permanently reside in the Philippines is to (a) apply for
naturalization (b) apply for a permanent resident visa.
B. Profundo’s lawyer can raise in his petition the ground of lack of residency requirement
for a House of Representative position for the cancellation of the Certificate of Candidacy of
Onofre. Section 6, Article VI of the Constitution states that for a House of Representative
position, the candidate should be a resident in the district in which he shall be elected for a
period of not less than one year immediately preceding the day of the election at the time of the
filing of the certificate of candidacy. Onofre took the oath of allegiance on June 15, 2015 which
can be inferred as the start date of his residency in the Philippines. Elections will be held on May
9, 2016 which makes it less than a year of residency which is not sufficient to meet the
requirement for Onofre’s candidacy.
10.
A. The 1987 Constitution, Article XVII provides for three modes of changing the
Constitution:
 Congress upon three-fourths vote of all its Members (Congress acting as a Constituent
Assembly, fondly called “Con-Ass”).
 A constitutional convention (fondly called “ConCon”).
 People’s initiative.
The power to amend the Constitution or to propose amendments is not included in the general
grant of legislative powers to Congress. It is part of the inherent right of the people. Congress
may propose amendments to the Constitution because the Constitution explicitly grants that
power. Hence, when exercising that power, it is said that members of Congress act not as
members of Congress, but as component elements of a constituent assembly.
The members of Congress, acting as a constituent assembly, propose the amendments or
revisions. A respected Constitutionalist, Fr. Joaquin Bernas, points to the record of the
Constitutional Convention that “the two houses of Congress vote separately” in reaching the
required 3/4 vote. (Incidentally, the House of Representatives issued House Resolution No. 1109
to test if the Supreme Court would rule on whether the three-fourths vote of the Senate and
House of Representatives should be done separately.)
The Congress may call a constitutional convention by a vote of 2/3 of all its members. Congress
may also submit to the electorate the question of calling such a convention by a majority vote of
all its members.
The members of the Constitutional Convention, not the members of Congress, propose the
amendments or revisions.
Amendments to the Constitution may be directly proposed by the people through initiative upon
a petition of: (1) at least 12% of the total number of registered voters; AND (2) every legislative
district must be represented by at least 12% of the registered votes therein. No amendment is
allowed more often than once every 5 years thereafter.
The essence of amendments through people’s initiative is that the entire proposal on its face is a
petition by the people. This means two essential elements must be present: (1) the people must
author and thus sign the entire proposal. No agent or representative can sign on their behalf; and
(2) the proposal must be embodied in a petition. These essential elements are present only if the
full text of the proposed amendments is first shown to the people who express their assent by
signing such complete proposal in a petition.
The Constitution, however, directs the Congress to enact a law to implement the provisions on
people’s initiative. While the Constitution has recognized or granted that right, the people cannot
exercise it if Congress, for whatever reason, does not provide for its implementation.
In 1989, Congress passed Republic Act No. 6735 (also known as the “People’s Initiative and
Referendum Act”), which is intended to cover initiative to propose amendments to the
Constitution. However, the Supreme Court declared that this law is “incomplete, inadequate, or
wanting in essential terms and conditions insofar as initiative on amendments to the Constitution
is concerned.” In other words, there is yet no law which effectively provides for the exercise of
people’s initiative to amend the Constitution.
B. I am in favor of the 3rd mode which is the people’s initiative. To be honest, I don’t want
to amend or revise any provisions in the constitution. I believe that there is no need to amend the
provisions because the constitution is the supreme law of the land so we should abide on it.