ARTICLE I. NATIONAL TERRITORY 1.

Statement that best describes RA 9522 (Philippine Baseline Law): It is UNCLOS-compliant as to the limit and extent of baselines 2. Under 1982 UN Convention on the Law of the Seas, a state exercises sovereignty over its territorial sea subject to the right of innocent passage by other states. Innocent passage includes: any distress or emergency passage. 3. The territorial definition under Article I of the 1987 Constitution on the National Territory is binding only within the territorial limits of the sovereignty. 4. Petitioners, heirs of the Sultan of Sulu, challenged the constitutionality of RA 9522 for failing to textualize the Philippines claim over Sabah in North Borneo, among others. The challenge of the Heirs of the Sultan of Sulu will: fail, because RA 9522 has retained our statutory claim over Sabah. 5. Under the Moon Treaty of 1979, the moon and other celestial bodies form part of the: outer space. 6. Under the social contract principle, the Filipino people surrendered their sovereign powers to the state for the common good upon ratification of the 1987 Constitution. 7. The Preamble of the 1987 Constitution is an important part of the Constitution. 8. The word love in the Preamble of the 1987 Constitution enshrines 1986 bloodless EDSA revolution. 9. The basis of the Philippine Claim over the Spratly Group of Islands in the West Philippine Sea is effective occupation of the same, they being terra nullus. 10. Regardless of their breadth and dimensions, the waters around, between, and connecting the islands of the archipelago forms part of the Philippine internal waters. ARTICLE II. DECLARATION OF PRINCIPLES AND STATE POLICIES 1. The Constitution declares that the Philippines is a republican state. Republicanism means: the representatives of the government are elected by the people. The Philippines is a democratic state as manifested by the constitutional provisions on peoples initiative and referendum. The Constitution mandates that the Armed Forces of the Philippines being the protector of the people and the state is duty bound to secure the: sovereignty of the State and the integrity of the national territory. Manang Sionys challenge that RA 8762 (Retail Trade Liberalization Act of 2000), violates economy effectively controlled by Filipinos will have to: fail, because Sec. 19, Art II is not self-executing but an enabling provision. Under law RA 10361, Batas Kasambahay 2013, it shall be unlawful: (1) for the employer to place the domestic worker under debt bondage; (2) to employ any person below fifteen years of age as a domestic worker; (3) for any employer to withhold the wages of the domestic worker.

6.

The government set up by Cory Aquino under the 1986 Provisional Constitution was a revolutionary government, in the sense that it was extra-legal, as it came into existence via people power in defiance of existing legal process. 7. Challenged as invalid, the Visiting Forces Agreement and the RomuloKenny Agreements on the detention of convicted US servicemen, the Supreme Court ruled in Nicolas vs Romulo, that the VFA is valid while the Romulo-Kenny Agreement is invalid. 8. The right of the people to a balanced and healthful ecology shall be in accord with the rhythm and harmony of nature. 9. With the sad tale of nuclear meltdown in Japan, Congress enacted into law RA 10411, otherwise known as the Nuclear-Free Philippines of 2013, that forever bans and prohibits the establishment of all kinds of nuclear reactors including electricity-generating nuclear reactors in the country. If challenged, RA 10411 should be considered unconstitutional, for the constitution allows electricity-generating nuclear reactors. 10. If challenged RA 10354, Responsible Parenthood and Reproductive Health Act of 2012 insofar as it promotes the use of ligation and vasectomy, condom, pills, and IUD, in view of the constitutional protection of the life of the unborn form the conception, the RH Bill shall be deemed valid and constitutional ARTICLE VI. THE LEGISLATIVE DEPARTMENT 1. Congress may delegate to an administrative agency the power to promulgate supplementary rules in the enforcement and execution of the law, provided that the law must be complete and fix a standard. Comelec Res No 7804 expanded the exceptions on the right of party list groups to changes its nominees under Sec 8 of RA NO 7941, by adding the fourth exception, thus: when the nomination is withdrawn by the party. Such expanded exception is contrary to the Party List Law. Without amending the constitution, a law may be passed increasing the number of congressmen. As vested by the 1987 Constitution in Congress of the Philippines, legislative power is a plenary but delegated power. In exercise of her legislative power, prior to the convening of Congress, Pres. Cory Aquino issued EO 285 creating thereby NPO, under the Office of the President, through the merger of the GPO and the relevant printing units of the Phil Info Agency. Late last year, Pres. Noynoy Aquino, issued EO 378, amending E)285 by removing the exclusive jurisdiction of the NPO over the printing services requirements of government agencies and instrumentalities. Perceiving EO378 as a threat to their security of tenure as NPO employees, they challenged its constitutionality. NPO employees challenge that it is beyond the executive powers of Pres Pnoy to amend EO285 issued by Pres Cory when the latter still exercised legislative power, is incorrect, EO 378 was issued in the exercise of a delegated legislative power. The residence requirement of a Senator is satisfied if one is domiciled in the Philippines even if he is not physically present in the Philippines during the two-year period.

7.

The principle of separation of powers and checks and balance were adopted to preclude the exercise of arbitrary powers. 8. A senator who has served for two consecutive terms must wait for three (3) years before he can run again for the Senate. 9. The nominees of sectoral parties or organizations that represent the marginalized and underrepresented must EITHER (1) belong to their respective sectors OR (2) have a track record of advocacy for their respective sectors. 10. To be entitled to at least a congressional representative, the population minimum requirement of 250,000 is applicable to a city (ONLY). ARTICLE VII. THE EXECUTIVE DEPARTMENT After winning his bout with Miguel Coto, the President conferred unto Manny Pacquiao the order of Lakandula. Deserving as it was bestowed, the aforesaid award is neither inconsistent nor violative of the 1987 Constitution. 2. St. Matthew Medical Center (SMMC) was organized as a nonstick and nonprofit charitable hospital. Last year, SMMC had P1.53 billion total revenues from paying patients while spending charity expenditure of P300 million for non-paying charity patients. SMMC is entitled to preferential tax rate of 10% on its net income from its for-profit activities. 3. (Which) bill need not to originate exclusively in the House of Representatives: a bill creating a government office, appropriating funds therefore. 4. The enacted, approved or amended national law via initiative and referendum may be repealed or amended by subsequent act of Congress. 5. Congress shall not increase the Supreme Courts appellate jurisdiction wihtout Supreme Courts advice and concurrence. 6. 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? No, since the approval of the item carried with it the approval of the condition attached to it. 7. The provision that No money shall be paid out of the treasury except in pursuance of an appropriation made by law is a limit on the disbursing authority of the Executive Department. 8. The Supreme Court Chief Justice may, by law, be authorized to augment any item in the general appropriations law for his office from savings of his previous appropriations. 9. The President may set limit on the countrys import quota in the exercise of his delegated power. 10. The Constitutional provision on initiative and referendum is not selfexecutory. This is so because it requires an implementing legislation. 11. The President of the Philippines cannot walk because of bone fracture; cannot talk because of laryngitis and tonsillitis; and cannot move his arms because of arthritis --- for reasons of which majority of his cabinet transmitted a written declaration to the Senate President and the Speaker of the House that the President is unable to temporarily
1.

2.

3. 4. 5.

2. 3.

4.

5.

6.

12.

13.

14. 15.

16. 17.

18.

19. 20.

21.

22.

23. 24. 25.

discharge the duties of his office. Should the President be deemed temporarily disabled? Yes, unless the President transmits his written declaration that no inability exists. In the preceding question, because of their actuation, the President replaced the cabinet members who signed the declaration. Is the replacement of the cabinet valid and constitutional? Yes, it is valid and constitutional. In case of serious illness of the President, the public shall be informed of the state of his health and the AFP Chief of Staff shall be granted access to him. In case of midterm vacancy, the Acting President must fulfill the duties of the Presidency. In Estrada vs Arroyo, the Supreme Court ruled that the presidential vacancy was due to (1) Arroyos presidency as an irreversible fact, (2) (Estradas) permanent disability, and (3) (Estradas ) resignation. When the President contracted a personal loan during his incumbency, he may be sued after his tenure of office. Suppose the canvassing for presidential election is not yet through but the time has come for the final adjournment of Congress. The canvassing by Congress should continue until the end of the members term. The Chief Justice appointed X, the Presidents sister, as Assistant Court Administrator in the Supreme Court during the Presidents tenure. Claiming that the Constitution prohibits the appointment in government of a Presidents relative, a taxpayer asks for its nullification. Will the challenge prosper? No, the position to which X was appointed is not among those prohibited under the Constitution. At the beginning of terms, the Vice President-elect shall serve as acting President except if the President-elect dies. Presidential candidate Manny is a natural born Filipino, a registered voter, able to read and write, a resident of the Philippines since birth, and 35 years old. Before the election, a petition to disqualify him filed before the Presidential Electoral Tribunal should be dismissed for nonjusticiability. The President issued Proclamation No. 1018 placing Mindanao under Martial law on the ground that rebellion staged by lawless elements is endangering the public safety. Can Robert de la Cruz, a citizen, challenge before the Supreme Court the validity of Proclamation No 1018? Yes, he can as a Filipino citizen. In the same Proclamation No 1018, the President also suspended the privilege of writ of habeas corpus (WHC) in Mindanao. On the third day of the suspension of the writ, suspected rebel Aminudin was arrested, without warrant, while he was about to enter NAIA terminal coming from a Davao-Manila flight. The warrantless arrest is considered, invalid for being done outside Mindanao. The President shall nominate and, with the consent of the Commission on Appointment, appoint the Executive Secretary. The pardoning power of the President extends to administrative cases involving employees in the executive. The establishment of obligation authority ceilings, the evaluation of work and financial plans, the continuing review of government fiscal

26. 27.

28.

29.

30.

positions and the regulation of fund releases is covered under budget execution. The President may contract foreign loans in behalf of the Philippines with the prior concurrence of the Monetary Board. Jose accepted a conditional pardon which requires him not to violate any of the penal laws. If he commits a crime again, the conditional pardon is deemed violated upon the determination of the President. When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises the power of control. Declaring that the Visiting Forces Agreement was no longer in the best interest of the country, President Aquino, abrogated the same by giving notice to the President of the United States of America pursuant to Sec 13 of the VFA. However, the Senate of the Philippines voted to reject the presidential abrogation of the treaty resolving that the VFA is still in the best interest of the country voting 18 to 6. Immediately after the Senate vote, Executive Secretary Ochoa announced that the Philippines will proceed with the VFA abrogation, notwithstanding the Senate vote on the matter. Should the 18 senators file a petition before the Supreme Court for the unconstitutionality of the VFA abrogation without senate concurrence, the petition should be dismissed, as the petition raised a political question. In view of the temporary disability of the President, the Vice-President assumed as Acting President at or about the time that the Judicial and Bar Council submitted a short list of nominees for the vacant position of the Chief Justice. The Acting President can appoint subject to the revocation by the President.

with the majority has decided to abstain. The petition should be dismissed with finality. 6. Which among the following is not a threshold requisite for the Supreme Court to exercise its judicial power to review? The constitutional question must be of transcendental importance 7. Recent jurisprudence would best describe our adherence or non adherence on judicial precedents: Judicial precedents are followed if relevant. 8. The Supreme Court promulgated the Bar Matter No. 1161 adopting the five strike rule disqualifying a Bar candidate after failing three (3) examinations, provided, that he may take a fourth and fifth examination if he successfully completes a one (1) year refresher course for each examination. Bar Matter No. 1161 is deemed valid as it involved submission to the practice of law. 9. The proceedings for the issuance of a writ of amparo partake of the nature of remedial proceedings 10. Lower courts, collegiate courts and the Supreme Court should decide cases within its jurisdiction: 3 months, 12 months, and 24 months respectively.

ARTICLE VIII. THE JUDICIAL DEPARTMENT

1.

2.

3.

4.

5.

During the deliberations of the 15-man Supreme court, en banc over the constitutionality of a law, twelve (12) justices were present but only ten (10) justices took part in the actual deliberation. The vote of at least six (6) justices is needed to declare the law unconstitutional. By utilizing the structural approach of constitutional interpretation, the SC justices draw inferences from the three cornered relationships of the three (3) branches of the government. If challenged, A 7447 establishing the right to trial by jury of an accused charged with a crime punishable with life imprisonment, the qualifications of prospective jury members, and the guidelines to be observed by the judge and the lawyers in the jury selection, should be declared an intrusion into judicial power. In the immediately preceding question, assume that constitutionality or RA 7447 was challenged before the Supreme Court, by the Philippine Constitution Association (PHILCONSA). Assume further that the Suupreme Court was evenly divided on the issue, 7 voted to dismiss it, 7 voted to give it due course, and 1 abstained. Ergo, the petition should be re-deliberated so as to obtain the necessary majority. In the immediately preceding question, assume that the Supreme Court voted, instead, to dismiss the petition (8 to 7). PHILCONSA filed a Motion for Reconsideration and one of the associate justices who voted