Constitutional Law Midterm Exam.

Submitted by Emmanuel Esmer-4A

I.
No.
The prohibition extends only to religious organizations like the Catholic Church, the
various Protestant denominations and non chirstian religion.It does not refer to political
parties which draw their inspiration from religious beliefs. Thus, its prohibition does
extend to prevent priests or religious leaders from registering as candidates.

I.
The Sangguniang Panlalawigan has no power of Contempt.

There is no specific provision under RA 7160 granting the oversight power to the local
legislative body. In aid of its ordinance making power, they may only invite resource
person who are willing to supply information which maybe relevant to enactment of an
ordiance.

II.
Generally, If the President disapproves a bill enacted by Congress, he should veto the
entire bill. He is not allowed to veto separate items of a bill.

However, when there is a provision that is constitutionally inappropriate for an

III.
If I were the judge, I would dismiss the case for it was a suit against the United State of
America.

Under our jurisprudence, if a warship and other public vessels of another state operated
for non-commercial purposes, such warships or public vessels are immune from
jurisdiction because they are the floating territory of the flag state. Furthermore, the
purpose of the contract is not for any commercial advancement but for the repair of the
vessel which is deemed as an official function, then therefore the US government did
not assume as a private entity. Since in this case, the US did not give its consent either
express or implied,the principle of State immunity therefore bars the exercise of
jurisdiction by this Court over the persons of the US Officials.

IV.
Yes, she is disqualified to run since she never renounced her foreign citizenship.

The law (RA9225) requires a twin requirement if a former citizen wishes to run for
elective position here in the Philippines. First requirement is that the former citizen
should take his oath of allegiance to the Republic of the Philippines and the second
requirement is that to explicitly renounce his foreign citizenship.

In this case, as provided by the facts, Rosebud did not renounce her foreign citizenship
and therefore should be disqualified to run any elective position by reason of the
provision of RA 9225.

V.A
The Senate, in conducting inquiries in aid of legislation, can impose upon a person
subpoenaed but refused to appear a contempt until the termination of the legislative
inquiry under which the said power is invoked or when Congress adjourns sine die.

V.B
No.
The Budget Secretary is not among officials that can properly invoke executive
privilege. Under our jurisprudence, only the President being the highest authority in the
executive department can invoke that privilege. Also, the Executive Secretary can
validly invoke the executive privilege through authority given by the President.

VI.A
Yes as long as he did not take the oath of office of the President. But when he takes the
oath of office of the president and decides not to continue, he will never regain his office
in the senate as senator. This is in connection with the express prohibition by the
Constitution that a President is proscribed to take any position in the government.

VI.B.

In case of resignation of the President, the Vice President shall become the President to
serve the unexpired term.

VI.C

Yes. The senator is not proscribed to run for a lower position. The Constitution prohibits
only senators to engage or take other employment while in office except being an
ex-officio member. However, for the sake of argument in this case, if the Senator wins in
a lower position, he has to choose what office he will take. He can't take both offices.

VII.A
The period of imprisonment under the inherent power of contempt by the Senate during
inquiries in aid of legislation should only last until the termination of the legislative
inquiry under which the said power is invoked or when Congress adjourns sine die.

VII.B
First, upon the approval or disapproval of the Committee Report. Evidently, the
Committee Report is the culmination of the legislative inquiry. Its approval or disapproval
signifies the end of such legislative inquiry and it is now up to the Senate whether or not
to act upon the said Committee Report in the succeeding order of business. At that
point, the power of contempt simultaneously ceases and the detained witness should be
released.

Second,as stated in the case of Neri, the legislative inquiry of the Senate also
terminates upon the expiration of one Congress. All pending matters and proceedings,
such as unpassed bills and even legislative investigations, of the Senate are considered
terminated upon the expiration of that Congress and it is merely optional on the Senate
of the succeeding Congress to take up such unfinished matters, not in the same status,
but as if presented for the first time.

VII.C

VIII
Each house may punish its members for disorderly behavior and, with concurrence of
2/3 of all its members, suspend, for not more than 60 days, or expel a member. ( Art. VI,
Sec. 16, par. 3).And in this case, the required vote has been acquired for the reason
that there are 2 Senators that are outside the country cannot be counted since they are
outside the coercive power of the senate and the other abstain from voting.14 votes is
considered majority. Furthermore, the courts will not assume jurisdiction in any case
which will amount to an interference by the judicial department with the legislature.

IX
I will dismiss the petition for lack of actual controversy.
A bill is not a law. A bill has no effect; therefore you cannot invoke the power of judicial
review of the Supreme Court because there is no actual controversy yet.

X
It is the duty of the courts of justice to settle actual controversies involving rights, which
are legally demandable and enforceable and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government. (Art. VIII, Sec. 1(2))

XI
First, Appointments made by an Acting President; Appointments extended by an Acting
President shall remain effective, unless revoked by the elected President, within 90
days from his assumption or reassumption of office.

Second, Power of the President to make appointments during the recess of Congress,
but such appointments shall be effective only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress (Matibag v. Benipayo, G.R.
No. 149036, April 2, 2002).

Third, Regular Presidential Appointments, with or without the confirmation by the

Lastly, Presidential appointments that need prior recommendation or nomination by the

XII
Call the armed forces to prevent or suppress lawless violence, invasion, or rebellion.
The only criterion for the exercise of this power is that whenever it becomes necessary.
The Constitution does not require the President to declare a state of rebellion to
exercise her calling out power.

There is no need for congressional authority to exercise the calling out power of the
President since calling out of the armed forces to prevent or suppress lawless violence
is a power that the Constitution directly vests in the President.
Whereas,in Martial Law, there must be an Invasion or Rebellion and Public Safety
requires the proclamation of martial law all over the Philippines or any part thereof.
Martial law is a joint power of the President and the Congress. Thus, the President’s
proclamation or suspension is temporary, good for only 60 days. He must, within 48
hours of the proclamation or suspension, report on the reason for his action in person or
in writing to Congress. Both houses of Congress, if not in session, must jointly
convene within 24 hours of the proclamation or suspension for the purpose of reviewing
its validity. The Congress, voting jointly, may revoke or affirm the President’s
proclamation or suspension, allow their limited effectiveness to lapse, or extend the
same if Congress deems warranted.

XIII

As a general rule, each reading shall be held on separate days and printed copies
thereof in its final form shall be distributed to its Members, 3 days before its passage.

However, if a bill is certified as urgent by the President as to the necessity of its

XIV

When the law is declared unconstitutional, it means that such law produces no effect
but the effects of the unconstitutional law, prior to its judicial declaration of nullity, may
be left undisturbed as a matter of equity and fair play.

The lower courts are likewise vested with the power of judicial review, subject however
to the appellate jurisdiction of the higher courts.