consti 1st exam reviewer

8/17/2019 Consti 1st Exam Reviewer

1/21

Review Question AnswerMacariola vs. Asuncion Judge Asuncion was accused of violating paragraph 1 and 5 of

Art 14 of the Spanish Code of Commerce. He associated

himself with the Traders Mftg. And ishing !ndustries "provision

stated that #udges could not engage in commerce$ either in

person or in pro%&'

Court( )ven though the provision is part of the Spanish Code

of Commerce it parta*es the nature of a political law$ since it

regulates the relationship +etween the government and

certain pu+lic o,cers and emplo&ees. "more of administrative

law'

-olitical law +ranch of law which deals with the organi/ation

and operation of di0erent organs of the State de2ne the

relations of the state with its inha+itants of its territor&.

"constitutional law$ law of pu+lic admin$ administrative law$

and law of pu+lic corporation'

3pon transfer of sovereignt& all political laws of the former

sovereign are automaticall& a+rogated

T&pes of Constitutional aw English

o a+sence of a written constitution

o

no power of #udicial reviewo parliamentar& supremac&

European Continental

o there is a written constitution

o no power of #udicial review

o onl& render advisor& opinions upon reuest of the

government

American Type

o there is a written constitution

o there is power of #udicial review

o given e0ect through the power of courts.


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T&pes of constitution

• As to origin

• As to form

• As manner of amending

-hil Constitution is6

As to origin(

o Conventional7)nacted given de2nite form at one given

timeo Cumulative7)volved evolved through traditions and

customs As to form(

o 8ritten reduced to writing at a particular time

o 3nwritten has not +een committed to writing at one

time product of gradual political and legal development As to manner of amending(

o 9igid amended through a special process distinct w7

e%traordinar& reuirementso le%i+le ma& +e changed the same wa& one would

pass a law

our :rganic aws in Chronological

:rder and their respective

characteristics

Mc;inle&1'

o 9ider the @Arm& and av& Appropriation ActB

o Changed gov

o Dovernor general had )%ecutive power

Ma& suspend ha+eas corpus upon

recommendation of -hil Commissiono ?icameral egislative

-hilippine Commission upper house All

American


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-hilippine Assem+l& lower house elected

ilipinoso Ee2ned citi/ens for the 2rst time

All inha+itants who were su+#ects of Spain as of

April 11$ 1F==$ who continued to reside and all

children +orn Jones aw "1=>G'

o -hilippine Autonom& Act

o Tripartite government with real separation of powers

o American DovDen e%ecutive power

Could suspend ha+eas corpus without

recommendation of legislatureo egislature Senate and House of 9epresentative "All

ilipinos' T&dings Mcdu0e aw -hilippine !ndependence Act of 1=I4

)na+ling statute providing for the mechanism where+& the

constitution of an independent -hilippines could +e adopted -rovided for(

o Call of ConCon to draft Constitution

o 9epu+lican government$ ?ill of 9ights$ Separation of

Church and Stateo Su+mission of draft to the 3S -resident for certi2cation

of conformit&o 9ati2cation +& people in a ple+iscite

Complete independence was to ta*e place 1> &rs after its

e0ectivit&8hat was the form of government in

1=I56

-residential 9epu+lic

8as the government in 1=I5

unicameral6

es. There was a unicameral ational Assem+l&

8hat were the terms of o,ce of the

-resident during 1=I5.

-resident could serve for G &ears$ for 1 term onl&. "later

amended'8hat were the amendments of the 1=I5

Constitution 6 "including &ears'

1=4>

o ?icameral Congress

o Changing the term of -resident to 4 &ears$ terms.

o !ndependent )lectoral Commission


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-arit& Amendment

o 9elated to the ?ell Trade Act "grant -H e%ports entr& to

3S free of customs duties and a gradual increase of

duties'. !n return -H had to grant 3S same privileges in

addition to( the right to e%plore natural resources of -H

and operate pu+lic utilitieso

This reuired amendments of the 1=I5 Constitution

Mabanag vs. Lopez Vito

8hat was assailed6

Mabanag vs. Lopez Vito

o suspended legislators were not included as +asis for

computing K vote. Court invo*ed )nrolled ?ill Theor&.

"all passed +ills are assumed to have followed proper

procedure'o uestioned if the voting complied with the K rule of

1=I5 Constitution Javellana vs. )%ecutive Secretar&

8hat was political6 8hat was #usticia+le6

-:!T!CA L3)ST!:S

o 8o 1=I Constitution is in force J3ST!C!A?) L3)ST!:S

o Nalidit& of -roclamation o. 11>

o Nalidit& of rati2cation of the Constitution

8hat were the amendments of 1=I

Constitution6 "include &ears'

1=G Amendments

o -resident granted legislative power "Amendment o. G'

1=F> Amendments

o 9aised the SC retirement age from G5 >

1=F1 Amendments

o Changed the form of government from parliamentar& to

presidential 1=F4 Amendments

o -rovided for a Nice-resident as a response to

succession pro+lem8a&s to amend under 1=I

Constitution6

8hat were the voted needed6

Calling for a Constitutional Convention

Through a Constituent Assem+l& "legislative would act as

constituents

Ma& +e proposed +& the ational Assem+l& at the vote of K of

all its mem+ers$ or +& the Constitutional Convention


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ational Assem+l& ma& call a Constitutional Convention +& a

vote of 7I of all its mem+ers. :r su+mit such uestion to an

electorate +& a ma#orit& vote.8ere the wa&s amended thru Sanidad

vs. Comelec?

es. -resident ma& e%ercise legislative power and possess

Constituent power to propose amendments to the Constitution

"under Amendment o. G of the Constitution'Eid reedom Constitution a+rogate all

provision of 1=I Constitution6

• 8hat was a+rogated6

• 8hat was carried over6

o.

A+rogated(

o Article N!! ?atasang -am+ansa "egislative -rovisions'

o Article !O The -rime Minister and Ca+inet

o Article ON! Amendments

o Article ON!! Transitor& -rovisions

Adopted "in toto'

o Art ! ational Territor&

o Art !!! Citi/enship

o Art !N ?ill of 9ightso Art N Euties and :+ligations of Citi/ens

o Art N! Su0rage

Adopted "in so far as the& are no inconsistent'

o Art !! Eeclaration of -rinciples and State -olicies

o Art N!! -resident

o Art O the Judiciar&

o Art O! ocal Dovernment

o Art O!! Constitutional Commission

o Art O!!! Accounta+ilit& of -u+lic :,cers

o Art O!N ational )conom& and -atrimon& of the ationo Article ON Deneral -rovisions

Selfe%ecuting and not selfe%ecuting

provisions of the Constitution.Ei0erence +etween )ESA ! and )ESA !! )ESA !

o )%ercise of people power of revolution

o )%traconstitutional

o -resented a political uestion

)ESA !!

o )%ercise of people power of speech and freedom of

assem+l&


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o Constitutional onl& a0ected the o,ce of the president

o Succession su+#ect to legal review "political uestion'

PAs presented in the case of Estrada vs. Desierto

9amos Amendements

Santigao vs. Comelec

-!9MA campaign

Change s&stem from presidential to parliamentar&

Through people


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8/21

unconstitutionalB C:39T( o e%post facto law. o law was invalidated. The

#udicial interpretation of the law should +e deemed

incorporated at moment of legislation. Auraullo vs. A>uino

• "ote -ower of Augmentation

• De9nition of Di@erent 0erms

-etitions assailing the constitutionalit& of the Eis+ursement

Acceleration -rogram "ramp up spending to increase economic

activit& and e%pansion'

Issues

8o Eap violates sec =$ Art N! of 1=F Constitution "no

mone& shall +e paid out of the treasur& e%cept in pursuance of

an appropriation made +& law."o. DA& is not a fund or an appropriation. 2t is a program for

prioritizing spending to stimulate econom!. 8o it violates Sec 5 "5' of Art N! +&(

o Treating unreleased appropriations and uno+ligated

allotments withdrawn as @savingB

=es. %nreleased appropriation and unobligatedallotments are not spending.

o Authori/ing the dis+ursement of funds for

pro#ects7programs not provided in the DAA=es. Ma! augment anot(er item t(at is in t(e :AA

-eclusive/o Augmenting discretionar& lump sum

8o Eap violates(

o )ual -rotection Clause "funds released to select

legislators'"o. lacBs factual basiso S&stem of Chec*s and ?alances "allowed legislators to

*eep silent on issues'"o. Speculative

o -rinciple of -u+lic Accounta+ilit& ")%ecutive ta*ing

Congress< power of appropriation'"o. policies and acts eecutive could do in

implementation. Eoctrine of :perative act applica+le

3nconstitutional(


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o 8ithdrawal of uno+ligated allotments and declaration of

such along with unreleased appropriations as savings.o Cross +order transfers

o unding pro#ects not in DAA

Savings8 de9ned. The de2nition of @savingsB under the >11$

>1 and >1I DAAs refer to portions or +alances of an&programmed appropriation in this Act free from an& o+ligation

or encum+rance which are( "i' still availa+le after the

completion or 2nal discontinuance or a+andonment of the

wor*$ activit& or purpose for which the appropriation is

authori/ed "ii' from appropriations +alances arising from

unpaid compensation and related costs pertaining to

vacant positions and leaves of a+sence without pa& and "iii'

from appropriations +alances reali/ed from the

implementation of measures resulting in improved s&stemsand e,ciencies and thus ena+led agencies to meet and

deliver the reuired or planned targets. 9espondents were forcing the generation of savings in order

to have a larger fund availa+le for discretionar& spending.

9espondents$ +& withdrawing uno+ligated allotments in the

middle of the 2scal &ear$ in e0ect deprived funding for -A-s

with e%isting appropriations under the DAAs. Savings could not +e reali/ed for certaint& within the middle of

the 2scal &ear. unds for slow moving -A-s could not +e

considered as savings since such has not +een a+andoned or

discontinued &et. 8hat is the 2rst rule in statutor&

construction6

Ner+a egis as it is written and understood +& the people

ational Territor& ";ala&aan !sland

Droup'

-H claims ;ala&aan !slands to +e part of -H territor&

-E 15=G "June 11$ 1=F'

?& reason of histor&$ indispensa+le need$ and e0ective

occupation and control esta+lished in accordance with

international law

))Q ot part of a territor& +ut state has e%clusive economic


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• 8hat are its uses6

• :ther countries ma& not use if

for6

• :ther countries ma& use it for6

+ene2t ">> nautical miles from +aseline' -urpose73ses(

o Sovereign rights to e%plore and e%ploit natural

resourceso )%clusive right to est. of arti2cial islands o0shore

terminals$ installations$ and structureso -reservation of marine environment

:ther states ma& :T(o )%plore

o Conduct drilling

o Conduct research

o Construct operate arti2cial island$ o0shore terminal$

etc.o -erform an& other activit& contrar& to sovereign rights

:ther states MA use it for(

o avigation and overRight

o

a&ing of Su+marine Ca+les and -ipelineso awful avigation and Communication

&rovince of "ort( Cotabato vs. :)&

• !s there a pro+lem with ?J) as a

concept6

• 8hat is the meaning of

?angsamoro6

• 8hat is the meaning of irst

ation6

• 9elationship of !-9A w7 M:AAE

?J) has authorit& and #urisdiction over Ancestral Eomain and

Ancestral ands of the ?angsamoros. )ssentiall& a state all +ut

in name. -owers granted to it e%ceed those granted +& an&

ocal Dov "including A9MM'. @Associative relationshipB ?angsamoro all indigenous people in Mindanao

irst ation refers to indigenous people man& indigenous

groups "Canadian term'. M:AAE violated !-9A procedure of delineating ancestral

domainCiti/enship !llustrative Cases8hich o,ces ma& onl& natural +orn

citi/ens occup&6

-resident

Nice-resident

Mem+ers of Congress

Justices of the Supreme Court and lower collegiate courts

:m+udsman and deputies

Constitutional Commissions

Mem+ers of the Central Monetar& Authorit&


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Mem+ers of the CH9

Citi/en 9etention and 9eacuisition Act

• 8hat is it a+out6

9A =5 "August =$>>I'

9efers onl& to citi/ens of countr& who lost citi/enship +& virtue

of naturali/ation in another countr& Those who were naturali/ed +efore August =$ >>I ma&

regain Those who were naturali/ed after will not lose their citi/enship

"retain'CA9AM 9ule S&rian in the Constitutional Convention

Those +efore the 1=I5 Constitution$ who were elected "not

appointed' into pu+lic o,ce are considered citi/ens.Chiong+ian 9ule Children of those considered citi/ens under the Caram rule

were considered as citi/ens +ut +ecause of par. I "father was

a citi/en'8hat is Eerivative Citi/enship6 @The unmarried child$ whether legitimate$ illegitimate or

adopted$ +elow eighteen "1F' &ears of age$ of those who re

acuire -hilippine citi/enship upon e0ectivit& of this Act shall

+e deemed citi/enship of the -hilippines.B 9A =5 Sec 4Ma>uiling vs. Comelec Arnado$ Ma&or of ;auswagan

9enounced 3S citi/enship

-roven to have used 3S passport G times after doing so "use

of foreign passport indicates recognition of foreign state as

national' even after issue of -H passport Eual citi/ens cannot run for pu+lic o,ce.

9A =5 Sec 5"' those who reacuire and see* elective

pu+lic o,ce must renounce an& and all foreign citi/enship8hat is the overseas voting act6

• !s it a violation of residenc&

reuirement6

• Macalintal vs. Comelec

9A =1=F

!mmigrant ma& vote +& preparing a,davit that he7she shall

resume permanenet residence in the -hilippines not later than

I &rs from approval. ot a violation of residenc& reuirement +ecause Court

alread& e%empted them in Sec $ Arv N. Constitutional

Commission provided for an e%emption to actual residenc&

rule of Sec 1

8hat is repatriation6

9epatriation "ta*ing oath of allegiance in ocal Civil 9egistr&'


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• !f a person is repatriated$ is he

natural +orn or naturali/ed6

results in the recover& of original nationalit& atural ?orn if originall& atural ?orn.

!llustrative Cases on suits against

government

• 8hen is it a suit against gov


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!f consent is provided +& the charter the consent does not stop

with the rendition +ut goes up to the satisfaction of the

#udgment. "funds can even +e garnished'

Corporation under general law$ ma& it

+e sued for a uasidelict6

•

Special agent6

• State is lia+le if it acts through special agent "one who

receives a de2nite and 2%ed order or commission$ foreign to

the e%ercise of the duties of his o,ce'• A9T 1F> of the Civil Code allows a suit against the

government for uasidelicts committed +& the voernment

when acting through special agents "those performing non

regular function'

• !f the tortious act was commited +& a regular emplo&ee the

in#ured part& could onl& +ring a suit for damages against the

emplo&ee in his personal capacit&

Merrit v. :ov’t ' c(au@er of ambulance as not a special agent

Ei0erence +etween corporations created

+& special law and charters!f government 2les a suit against &ou$

does it waive its immunit&6

es. !f government is claiming a,rmative relief. -)elief8 bene9t8

or compensation (ic( ma! be granted to t(e defendant in a


14/21

Eeclare state of war "7I voting separatel&' 1G

Congressmen and 1G Senators Amendment7revision of Consti "I74 of all mem+ers of

congress' 1> legislators !f -res vetoes "7I of one House to pass to another house$

needs two thirds'

)ECA )nhanced Eefense Cooperation Agreement "signed April F$ >14'

Allow 3S to station troops and operations in -hilippine territor&

Signed not +& presidents :T an e%ecutive agreement$

need not +e vetoed +& the Senate Signed +& Sec. of Eefense and 3S Am+assador

"1' !s it constitutional6 "unimpeded access and use of A- +&

3S'"'Eoes )ECA mean return of 3S +ases in -H6 "o. no

permanent militar& power'

a. Shouldn


15/21

in its 2nal form have +een distri+uted to its Mem+ers three da&s

+efore its passage$ e%cept when the -resident certi2es to the

necessit& of its immediate enactment to meet a pu+lic calamit& or

emergenc&.

!n times of national emergenc&$ when the pu+lic interest so reuires$

the State ma&$ during the emergenc& and under reasona+le termsprescri+ed +& it$ temporaril& ta*e over or direct the operation of an&

privatel& owned pu+lic utilit& or +usiness a0ected with pu+lic

interest.

!n times of war or other national emergenc&$ the Congress ma&$ +&

law$ authori/e the -resident$ for a limited period and su+#ect to such

restrictions as it ma& prescri+e$ to e%ercise powers necessar& and

proper to carr& out a declared national polic&.Are we allowed to teach religion in

pu+lic schools6

es. Allowed to +e taught in class hours$ when e%pressed in writing

+& the -arentsSeparation of Church and State

• Complete separation6

• 8hen is it not separation6

• 8ho can invo*e it6

)sta+lishment Clause$ ree )%ercise Clause$ o religious test

• o. Churches$ parsonages$ convents$ mosues$ used for

religious purposes e%empted from ta%ation

• Militar& pa&s priests #ust li*e orphanages$ penal insitutions$

and leprosariums-owers of the Commission on Human

9ights

"1' !nvestigate on its own or on complaint +& an& part&$ all forms

of human rights violations involving civil and political rights"'Adopt its operational guidelines and rules of procedure$ and

cite for contempt for violations thereof in accordance with the

9ules of Court"I'-rovide legal measures for the protection of human rights of

all persons within the -hilippines$ as well as ilipinos residing

a+road$ and provide preventive measures and legal aid

services to the underprivileged whose human rights have

+een violated or need protection"4')%ercise visitorial powers over #ails$ prisons$ or detention

facilities.

"5')sta+lish a continuing program of research$ education$ and


16/21

information to enhance respect for the primac& of human

rights"G'9ecommend to Congress e0ective measures to promote

human rights and to provide for compensation to victims of

violations of human rights$ or to their families."'Monitor the -hil gov


17/21

consent':amboa vs. 0eves

• 8hat is the de2nition of capital6

• How to determine G>4> rule6

• 8hat are the di0erent tests6

Capital refers onl& to shares of stoc* that can vote in the

election of directors G> of capital should result in controlling interest "common

shares7voting shares' Drandfather rule trace +ac* who reall& own the compan&

holding shares Control Test see who reall& is in control through holdings of

voting stoc*9egulation of certain industries and how

the& are related to ilipino ownership.

Mass Media 1>> ilipino

Advertising !ndustr& > ilipino

-u+lic 3tilit& G> ilipino

Eid E)9 have power in League of

&rovinces?

:ver ocDov6

8h& was case decided this wa&6

es.

Control of the E)97E)9 Secretar& over smallscale mining

in the provinces is granted +& three statutes( "1' 9.A. o. >G1

or 0(e Local :overnment Code of 33 "' 9.A. o. >G or

the &eople’s Small Scale Mining Act of 33 and "I' 9.A. o.=4$ otherwise *nown as the &(ilippine Mining Act of 37.

Case was decided this wa& +ecause there is alwa&s

presumption of constitutionalit&8hen can -resident interfere in local

"2scal6' matters

!Un the event the national government incurs an unmanaged pu+lic

sector de2cit$ the -resident of the -hilippines is here+& authori/ed$

upon the recommendation of theU Secretar& of inance$ Secretar& of

the !nterior and ocal Dovernment and Secretar& of ?udget and

Management$ and su+#ect to consultation with the presiding o,cers

of +oth Houses of Congress and the presidents of the liga$ to ma*ethe necessar& ad#ustments in the internal revenue allotment of local

government units +ut in no case shall the allotment +e less than

thirt& percent "I>' of the collection of national internal revenue

ta%es of the third 2scal &ear preceding the current 2scal &ear % %

%.B

There are therefore several reuisites +efore the -resident ma&

interfere in local 2scal matters( "1' an unmanaged pu+lic sector

de2cit of the national government "' consultations with the


18/21

presiding o,cers of the Senate and the House of 9epresentatives

and t(e presidents of t(e various local leaguesF and "I' the

corresponding recommendation of the secretaries of the Eepartment

of inance$ !nterior and ocal Dovernment$ and ?udget and

Management. urthermore$ an& ad#ustment in the allotment shall in

no case +e less than thirt& percent "I>' of the collection of

national internal revenue ta%es of the third 2scal &ear preceding thecurrent one.

9egalian Eoctrine

• 8hat do &ou do if &ou have claim

of ownership6

• 8ho does the presumption favor6

9egalian doctrine( state has ownership of all lands. :ne claiming the

land has +urden of proof.

8hat are the ma%imum terms of o,ce6

• How is it counted6

• 8hat a+out interruptions6

ou ma& onl& serve three consecutive terms "ma&or'

!nterruptions are still counted

Succession not counted

!f there was a recall and u are elected that counts as an

interruption8hen do &ou need to have a ple+iscite

for creation of ocDov +oundaries6

)S.

"avarro vs. Eecutive Secretar! Creation of the Eianagat islands

-rovince must have income not les than > Million 5>$>>>

inha+itants$ territor& of $>>> suare meters S: did not certif& special census. and was onl& F>.1

suare meters

Einagat failed to compl& with land area and populationreuirement

-le+iscite should have included the mem+ers of parent

province 9eversed( Einagat is read& and capa+le of +ecoming a

province "large income and good services to its constituents'

-or* ?arrel Cases "Toda&


19/21

funded +& CE is encroachment of e%ecutive

power Court( power of appropriation carries w7 it power

to specif& the pro#ect7activit& to +e funded

individual mem+ers of Congress are more

*nowledgea+le of the needs of their constituentso 9ealignment of Allocation for :perational )%penses

-etitioners( Senate -resident7Spea*er of the

House authori/ed$ :T individual mem+ers of

Congress Court( Mem+ers onl& determine the necessit& of

realignment "more *nowledgea+le' approval +&

Senate -resident7Spea*ero Appropriation for Ee+t service "see :uingona vs.

Carague/

@por* +arrel ma*es the uneual eualB

Lamp vs. Sec. of #udget

o Constitutionalit& of &riorit! Development and Assistance

undo -etitioners( violation of separation of powers. E?M

illegall& made and directl& released +udgetar&

allocations out of -EA in favor of individual mem+erso Court( presumption of validit& no clear uneuivocal

+reach of the Constitution

?elgica vs. :choa

o Aftermath of apoles scam "soft pro#ects went to D:'

o Constitutionalit& of &orB #arrel S!stem

o 9ealignment reuires prior approval of legislators

o -residential -or* ?arrel Malampa&a unds "Das

-ro#ect' and -residential Social und "-ADC:9'o Niolated separation of powers +ecause Congressmen

were dictating instead of recommendingo

There was undue delegation to individual mem+ers


20/21

o Chec* and +alance violated since -resident could not

vetoo Niolation of local autonom&

-ower of the :m+udsman -rosecutes cases in the Sandigan+a&an "same function as

Tanod+a&an' 3sed to +e Tanod+a&an "demoted to Special -rosecutor'

@:m+udsman need not wait for a complaint. Ma& investigate

an&thing on its ownB @Ma& pu+lici/e matters covered +& its investigationB

@Has power over all elective and appointed e%cept (

impeacha+le o,cials$ mem+ers of Congress$ #udiciar&. "ma&

investigate 2rst two +ut not discipline' Ma& impose penalt& through proper course

Sandigan+a&an Court for corruption cases

-rosecuted +& the :m+udsman

Has #urisdiction over D:CC with special charter

o #urisdiction over D:CC pursuant to general law"Corporation Code'

acial vs. Asapplied Challenge acial challenge assails the validit& of the stat&te for +eing

unconstitutional at all times "at its face' Asapplied challenge assails the validit& of the statute once

applied to &ouHow is facial challenge applica+le to our

rights6

• ou ma& onl& use facial challenge

when legislature passes what *indof statute6 "infringes on what

right6'

acial Challenge when legislature passes overl& +road law that

would a0ect freedom of speech7e%pression "over+readth

doctrine'

Ei0erence +etween

:udani vs. Senga and Senate vs. Ermita

Ei0erence +etween e%ecutive privilege "-resident has no

+lan*et authorit& must have formal grounds to invo*e it' and

Commander in Chief power "a+solute with recourse in

#udiciar&'

-ower :f Judicial 9eview( legislative and e%ecutive acts are su+#ect to the review of the #udiciar& to determine if it is not

against the Constitution


21/21

Eetermine if there has +een grave a+use of discretion

9euisites

Actual Case or Controvers&

Must +e ripe for ad#udication

-art& must have legal standing

Constitutional uestion raised at earliest possi+le time and must +e the ver& lis mota of the case

consti 1st exam reviewer

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