Persons and Family Relations Midterm Exam. 1. A law was passed providing for its immediate effectivity.

a) Does this mean that its immediate effectivity provision would dispense with the publication requirement? (5 points) b) ay the 15!day period of publication be reduced or e"tended? (5 points) #. Accused was charged under $.A. %&#5 and was sentenced to life imprisonment. 'hile on appeal( $A )%5* reducing the penalty for the offense depending upon the weight was enacted. +an the law be applied to the accused? 'hy? (5 points) ,. A is the owner of an apartment( which is being leased to -( who has not been paying his rental for the last ten months. A( while - was away( entered into the premises( brought out the things belonging to - and padloc.ed the premises preventing - from entering into it. - sued for damages. A interposed the defense that he was /ust e"ercising his rights as owner of the premised. Decide. (5 points) &. A and - are married. 0hey have two (#) children( + and D. + is married to 1 and they have a son 2. 3 is married to D and they have a daughter 4. 2 and 4 got married. 5s their marriage valid? 'hy? (5 points) 5. aria and 6uis( both 4ilipinos( were married by a +atholic priest in 6ourdes +hurch( 7ue8on +ity in 1**#. 6uis was drun. on the day of his wedding. 5n fact( he slumped at the altar soon after the ceremony. After marriage( 6uis never had a steady /ob because he was drun. most of the time. 4inally( he could not get employed at all because of drun.enness. 9ence( it was aria who had to earn a living to support herself and her child begotten by 6uis. 5n 1**%( aria filed a petition for annulment of marriage in the church on the ground of psychological incapacity to comply with his marital obligations. 9er petition was granted by the church matrimonial court. a) +an aria now get married legally to another man under :hilippines laws after her marriage to 6uis was annulled by the church matrimonial court? 'hy? (5 points) b) 'hat must aria do to enable her to get married lawfully to another man under :hilippine laws? (5 points) %. A and - are married. A has been absent for a period of five (5 ) years without - .nowing his whereabouts. - then got married to +( without prior declaration of A;s presumptive death. a) 5s the marriage valid? (5 points) b) <uppose( in the problem given above( it was A who got married. 5s the marriage valid? (5 points) ). 1( and 0+ /udge of anila( was invited to attend a marriage celebration in -aguio +ity. <ince 3( the =udge who was suppose to solemni8e the marriage was unable to attend ( he was as.ed to solemni8e the marriage. 5s the marriage valid? 'hy? (5 points) >. <uppose A /ustice of the +ourt of Appeals who is a resident of 7ue8on +ity a marriage in -aguio +ity while on vacation( is the marriage valid? (5 points) *. 0he petitioner while far from home received some information on the acts of infidelity of his wife. <o he went home to verify the truthfulness of the alleged infidelity. 9e sought for his wife and after finding her( convinced her to go with him and live as husband and wife. After two days of living as husband and wife( A( the husband( tried to e"tract the truth about his wife;s unfaithfulness but -( the wife( instead of answering his query( merely pac.ed up her things and left him. A too. that gesture as a confirmation of the imputation. 1?. A( a law student courted -( a neighbor. - is married to +( a first!degree cousin. 'hen - informed A of her marriage to +( A told her that nothing would happen to her marriage considering that it is void. A( then persisted in courting -( offering to marry her ( until - consented. 0hey got married. After A fathered a child( he left the con/ugal dwelling for no reason at all and later on - found that he has gotten married to D. 5n a disbarment proceeding( he contended that his marriage to - is void( hence( there was no need to have it declared void. 5s his contention proper? 'hy? (1? points) 11. A and - are married. 0heir marriage was declared void. After the decision became final( A got married to +. is the marriage valid? 'hy? (1? points) 1#. A( an American citi8en marriage -( a 4ilipino( while the former was vacationing in manila. 'hen they went to the @<( A was divorced by - due to irreconcilable conflicts. 0he decree capacitated A to remarry under @< laws. +an - get married in the :hilippines? 'hy? (1? points) 1,. 5s the rule that for as long as there is a valid e"isting marriage( a person cannot contract a subsequent marriage absolute? 'hy? (5 points)

CONSTITUTIONAL LAW 1

MI!TERM E"AMS

1. a. 2"plain the effects of the provisions of the @A +onvention of the 6aw of the <ea as far as the sovereignty of the :hilippines over its internal waters. (5B) b. +ongress enacted a law dividing the :hilippines into three regions (6u8on( Cisayas( and indanao) each constituting an independent state( but under a central government .nown as :hilippine 4ederal Dovernment. Discuss the constitutionality of the law. (5B) #. -arely a year in office( :resident 2strada was deposed by a mass and broad based peaceful people;s revolution. 5n the meantime( :resident 2strada questioned his ouster before the <upreme +ourt as unconstitutional as he was elected for a si"!year term to e"pire yet in year #??&. <itting en banc( the <upreme +ourt /ustices deliberated on the case. 5f you were the ponente for the +ourt( how would you rule on the contention of :resident 2strada? 'hat principle of government would you apply? (1?B) ,. 0he :hilippines is a signatory to the 'orld 0rade Ergani8ation. 0he organi8ation requires among others signatories to the agreement to accord other signatories treatment no less favorable than that accorded its own nationals. A group of ta"payers questioned the :hilippines entry to such an agreement on the following groundsF a) it impairs our sovereignty as the agreement prevents +ongress from enacting laws for the national interest or general welfare. (5B) b) it violates <ection 1*( Article 55 which requires the <tate to develop a self reliant and independent national economy controlled by 4ilipinos. (5B) &. Due to urgent need of funds to finance the rehabilitation of areas in the county ravaged by recent typhoons( the :resident certifies to +ongress the passage of a ta" measure empowering the :resident to increase the ta" rates on income at his discretion. Accordingly( +ongressman Gi. -ach filed a bill in the 6ower 9ouse. <ubsequently( <enator =ia 'or.si filed a bill at the <enate proposing an improved version of the bill. 0o reconcile both bills( the bicameral conference committee of both houses hammered a compromise version which was sent to both houses for its passage. 0he compromise bill was eventually passed by both houses. After the <enate :resident and <pea.er of the 9ouse affi"ed their signatures( the bill was presented to the :resident who immediately signed it. Ene +ongressman questions the constitutionality of the law on the following groundsF a. 0he -ill that was passed by both houses was not the original one which was filed earlier with the 6ower 9ouse in violation of <ection #&. (5B) b. 0he bill did not pass through three (,) readings in separate days and neither were printed copies of the bill furnished to the members of +ongress three (,) days before the third reading. (5B) c. 0here were provisions in the ta" measure which were not part of the versions of both houses and this could be proven by referring to the legislative /ournal. (5B) d. 0here is undue delegation of legislative power. (5B) 9ow would you traverse the arguments? 2"plain. 5. a. 6egislative power resides in +ongress. 9ow may the :resident be a part of the legislative process? (5B) b. @nder the +onstitution( what is the respective role of the 9ouse of $epresentatives and senate in the conduct of foreign affairs? (5B) %. :resident 2rap signed into a law the Appropriations Act for 1*** passed by +ongress but he vetoed separate items therein( among which is a provision stating that Hthe :resident may not increase an item of appropriation by transfer of savings from other items.I 0he 6ower 9ouse chooses not to override the veto. 0he <enate however proceeds to consider two optionsF 1) to override the veto and #) to challenge the constitutionality of the veto before the <upreme +ourt. a) 5s option no. 1 viable? 5f so( what is the vote required? (5B) b) 5s option Ao. # viable? 5f not( why not? 5f viable( how should the +ourt decide the case? (5B) ). a) 5n Ectober 1**>( barely four months after the national elections( members of +ongress enacted a law increasing their salaries at a uniform rate of : 1 illion a year and made effective on year #??#. 5s the law valid? (5B) b) Atty. 0oling ran for +ongress and won. 9e was proclaimed by the +omelec. 9is opponent( Atty. JJJJJ( wondered how come he lost to his opponent( Atty. 0oling( when the latter is a deaf!mute. 4or purposes of disqualification( before what body should the disqualification case be filed? ay the case prosper? 5n cases of unfavorable verdict( may recourse to a higher body possible? En what grounds? (5B) >.

a) :art of the fundamental principles in our +onstitution is the H<eparation of the +hurch and the <tate.I 3et( in the same constitution( properties of the church are e"empt from ta"ation. $econcile the apparent inconsistency. (5B) b) ay +ongress pass a law totally e"empting +hurches( sects and religious denominations e"empt from all forms of ta"ation? (5B) *. Atty. $omy +aloscos ran and won as a +ongressman representing the lone congressional district of -enguet. a) @pon assumption of office( what must Atty. $omy +aloscos do? (5B) b) <uppose( he was charged before the to defend himself? (5B) unicipal 0rial +ourt of -aguio for violation of -: ##. ay he enter his appearance