answers to finals consti.docx

7/27/2019 answers to finals consti.docx

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Doctrine of qualified political agency: The president is not expected to perform in person the

multifarious executive and administrative functions. The office of the Executive Secretary is an auxillary

unit which assist the president. Under our constitutional set-up the executive secretary acts for and in

behalf of the president; and by authority of the president, he has undisputed jurisdiction to affirm,

modify, or even reverse any order of the Secretary of the Natural Resources or even its cabinet

secretaries.

Can a cabinet member reverse the decision of the president: No, since cabinet members act as merely

alter egos of the president. However the president may reverse the decisions of his cabinet member, as

was held in the case of Lacson vs Magallanes The president has the power to appoint or dismiss

them(cabinet members) at pleasure. Implicit then is his authority to go over, confirm, modify or reverse

the action taken by his department secretaries.

What are the requisites of judicial review:

1. There must be an actual controversy.2. Petitioners must raise a question of unconstitutionality3. Constitutional question must be raised at the earliest opportunity4. The decision of the constitutional question must be necessary to the determination of the case

itself

What are the 4 grounds that the SC still decides on moot and academic cases?

1. There is a grave violation of the constitution2. The exceptional character of the situation and the paramount public interest is involved3. When constitutional issue raised requires formulation of controlling principles to guide the

bench, the bar, and the public.

4. Case is capable of repetition yet evading review

Distinguish Pardon from Amnesty

1. Amnesty is addressed to crimes against the sovereignty of the state or political offenses, whilepardon is addressed to crimes against ordinary crimes.

2. Amnesty is addressed to classes or even communities of persons after conviction; pardon isaddressed to an individual also after conviction.

3. Amnesty requires the concurrence of the majority of the members of congress while pardon iscomplete with only the act of the president.


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4. Amnesty is a pubic act which the courts take judicial notice while pardon is a private act whichmust be pleaded and proved by the person pardoned since the court does not take judicial

notice.

5. Amnesty looks backward and abolishes the crime committed that the person released byamnesty stands before the law precisely as though he had committed no offense; Pardon looks

forward and relieves the offender from the consequence of an offense which he has been

convicted however does not restore the right to hold public office or the right of suffrage unless

expressly restored by the terms of pardon and in no case does not exempt the culprit from

paying civil indemnity.

What are the powers of the supreme court?

As enumerated in Art VIII, Sec5 the supreme court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors other public ministers andconsuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas

corpus

2. Review, revise , modify, or affirm on appeal or certiorari as the law or the rules of court mayprovide, final judgments and orders of the lower courts.

3. Assign temporarily judges of lower courts to other stations as public interest may require. Suchtemporary assignment shall not exceed 6 mos without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,

practice, and procedure in all courts, the admission to the practice of law, the integrated bar,

and legal assistance to the underpriviledged. Such rules shall provide a simplified and iexpensiveprocedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,

and shall not diminish, increase or modify substantive rights. Rules of procedure of special

courts and quasi-judicial bodies shall remain effective unless disapproved by the supreme court

6. Appoint all officials and employees of the judiciary in accordance with the civil service law.

Is it correct that the judiciary is the least dangerous or the weakest power among the branches of the

government?

No, although holding neither purse nor sword the judiciary is an indispensable department of every

democratic government. The judiciary has the power to interpret the laws that are passed by the

legislature and acts of the executive as unconstitutional therefore making it invalid or null and void.


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What are the 3 views on the effects of declaring a law unconstitutional

The 3 views on the unconstitutionality of the law are

1. The orthodox view as announced in Norton vs Shelbey entails that a law which is declared to beunconstitutional is not a law, confers no rights and offers no protection, it does not create legal

office therefore it is stricken from the statute books, it would seem that the law had never

existed at all thus making it having no binding effect on all of the people.

2. The modern view which says that a law which is in conflict with the constitution is ignored.Decisions will be made as if the law had never existed. However that statute is not stricken from

the statute books, nor is it reversed or modified. These kinds of laws would have no binding

effect only to the parties involved in a particular case.

3. Is the view on partial unconstitutionality wherein the judiciary tries to salvage or preserve theparts of a law which is declared to be constitutional to give effect to the legislative will, provided

that these parts of the law may stand independent from those stricken and the legislative is

willing to retain the law even if the un-valid portions of it be removed.

Differentiate the 3 type of government positions without security of tenure

The 3 types of position which are not based on the merit or fitness of the appointee are

1. Positions which are policy determining-the position is not based on merit and fitness of a personit only requires a person who can lay down rules and regulations such as the head of a

department

2. Positions which are primary confidential-other than the aptitude of the appointee from theoffice in performing his duties it requires trust which provides freedom of intercourse which

shall provide freedom from embarrassments or misgivings and betrayal of trust on confidential

matter of the state.

3. Positions which are highly technical-positions which require supreme skill or superior training.

Distinguish the power of control from power of supervision

Power of control involves the ability of a superior officer to alter, modify, nullify or set aside an act by his

subordinate he may also change the decision of the latter to that of his. In the case of Drilon vs Lim it

was held that the power of control includes the power of the superior officer to lay down the rules on

how an act should be done, if they are not followed he may compel the work of a subordinate to be un-

done or re-done or he may decide to do it himself while the power of supervision only includes the

power of the superior officer to oversee that his subordinate perform his duties and does not neglect his

work. If he sees that it is neglected he may take action as prescribed by law to make them perform these

duties. In the same case cited above it was held that power of supervision is the power of a superior


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officer to compel a subordinate to do a work based on the rules or guidelines that are already given he

may not impose or compel on how a work should be done.

What is the calling out power of the president?

The calling out power of the president is stated in section 18 (1) of Art 7 of the constitution

What is judicial power

Judicial power involves the duties of the courts of justice to settle actual controversies involving rights

which are legally demandable or enforceable. It also includes the power to determine whether there has

been a grave abuse of jurisdiction on any part or instrumentality of the government resulting to lack or

excess of jurisdiction.

May the president refuse to administer and enforce a law on the ground that in his opinion it is

unconstitutional?

No, since it is the duty of the president to take care that the laws of the land be faithfully executed. He

may not choose not to enforce a law based on his doubts on its validity or constitutionality. Doing so

would usurp the power of the judiciary on interpreting the laws thus violating the separation of powers

laid down by the constitution.

Distinguish treaty or international agreement from executive agreement?

As it was held in the case of commissioner of customs vs east trading company, executive agreements

are acts which are binding but not necessarily permanent in nature, entered into by the president

without the need of the approval of congress. It can be effective with the approval of the president

alone. International agreements involves political issues or changes in national policies and those

involving agreements which are permanent in nature, these kinds of agreement need both the approval

of the majority of the members of congress and the approval of the executive.

What are the things decided by the supreme court en banc

Sec 4 (2) page 256


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What are the four requisites present when the supreme court declared a law unconstitutional or

contract involving the government

The requisites of judicial inquiry are:

1. There must be an actual case or controversy2. The question of constitutionality must be raised by the proper party3. The constitutional question must be raised at the earliest opportunity possible4. The decision of the constitutional question must be necessary to decide the actual case itself

What are the three underlying principles why the state cannot be sued?

1. By reason of public policy - if the state will allow every citizen to sue, it cannot anymore serveits fullest function since it will be left answering all of the case filed against it in court.

2. By reason of sovereignty the people cannot sue the very entity that gives it the ability to do so.3. By reason of consent the people had given its consent, not to be able to sue the government

unless it expressly provides when the people ratified the 1987 constitution.

Differentiate Jus Imperii and Just Gestiones

As it was held in the case of u.s vs ruiz the government cannot be sued when it is performing its

governmental function jus imperii, however when it is performing business or propriety functions jus

gestiones it can be the subject of litigation.

Differentiate academic freedom between the universities, teachers or professors and students

The academic freedom of schools are:

Who may teach

What may be taught

How it shall be taught

Who may stufy

The academic freedom of teachers are:

What may be taught

Manner of teaching


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Right to form unions, associations or societies not contrary to law

The academic freedom of students are:

Freedom of speech

Freedom of expression

Right to peaceably assemble for redress of grievances

What are the 4 grounds that the SC still decides on moot and academic cases

Moot and academic cases shall be decided on the following grounds:

1. It is a grave violation of the constitution2. There is an exceptional character of the situation and the paramount public interest requires it3. When the constitutional issue raised requires formulation of controlling principles to guide the

bench, the bar and the public

4. The case is capable of repetition yet evading review

Sec 5 Art 8

Appointing power of the president

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answers to finals consti.docx