CONSTITUTIONAL LAW I C

Atty. Maita Chan-Gonzaga Objective: What are the votes required in the following acts of the Congress? 1. To empower the president in times of war By law, meaning, they have to pass a law. Standard: 2/3 of all the Members of such House 2. To declare the existence of war 2/3 of both Houses in joint session assembled, voting separately 3. To summon members for disorderly behavior 2/3 of all its members, in each house 4. To compel attendance of absent members Majority of each House 5. To elect the Senate President or House Speaker Majority vote of all its respective Members Essay: 1. Compare and contrast Legislative Inquiry from Appearance of heads of departments (question hour). Answer: Legislative Inquiry emanates from the Power of Inquiry, which is an essential and appropriate auxiliary to the legislative function. The inquiry is in aid of legislation for the Congress to pass bills that are backed up by appropriate information. Furthermore, the power to inquire, in aid of legislation, necessarily includes the power to punish a contumacious witness for contempt. Lastly, a court cannot enjoin the appearance of a respondent to appear and testify before it. Appearances of heads of departments, on the other hand, primarily emanates from the oversight function of Congress. The heads of the departments can appear on their own initiative, with the approval of the President, or at the request of the Congress. Furthermore, in the interest of the security of the state or the public interest, and the President so states in writing, the appearances shall be conducted in executive session (close door cabinet meetings).

2.

Senate Bill 555 entitled The Organic Act for the Cordillera, was introduced by Sen Flavier without any counterpart bill in the House of Representatives. During the bicameral conference committee meeting on the matter, the members of the house showed to Sen Flavier a copy of the supposed substitute bill which was never deliberated in the House but was considered by the district representatives from the Cordillera region as more reflective of their culture. Sen Flavier accepted this version and indorsed it in the senate. The House also did the same. The substitute bill was finally signed into law by the President. Is the law valid?

Answer: The law is valid. The Constitution provides that every law should be initiated in the House of Representatives. In the case at bar, even if the bill was introduced to the Senate, there is a separate and different House Bill that was initiated in the House of Representatives. This primarily follows the rule that every law should be initiated in the House of Representatives. Case law specifically provides that it is the bill not the law that needs to come from the House of Representatives. In this particular case, there is a House Bill that can be referred to as the one passed by the lower house. Therefore, the law is valid because it was initiated by a bill that was passed by the House of Representatives.

PERSONS AND FAMILY RELATIONS C

Atty. Mel Sta Maria Objective (True of False): 1. In a situation of an Articulo Mortis, the commanding officer, in which a Catholic priest is assigned to his company, was present at that time. The commanding officer can solemnize the marriage between two Muslims soldiers. a. TRUE In the particular case, it can be deemed that the Catholic priest is absent. In which case, the requisite of absence of the chaplain for the Commanding Officer to validly solemnize the marriage is satisfied. Amanda and Berto, both devout catholics, met in 1992, while praying inside the Quiapo church. They were both 12 years old then. After 2 years, they started seeing each other secretly and in May 1995, they eloped and lived together, staying at Bertos boarding place. After having been convinced by Amandas family to get married, they decided to tie the knot. Berto secured a marriage license on May 31, 2000, albeit secretly because his own parents did not approve of Amanda. They both got married on October 2, 2000. a. The marriage of Berto and Amanda is invalid because the celebration occurred past 120 days from the acquisition of a marriage license. i. FALSE, They are exempt from the essential requisite of a Valid Marriage License. (Cohabitation for 5 years) The marriage of Berto and Amanda is valid because they have been cohabitating for 5 year and do not need a valid marriage license. i. TRUE

2.

b.

3.

A and B were married in 1989, both are Filipinos. In 1996, A became a citizen of the United States and obtained an absolute divorce from B. In 1999, A returned to the Philippines and married X. B on the other hand, married Z, a Filipino. a. The Marriage of B and Z is valid. i. TRUE The absolute divorce is respected in Philippine Law b. If after returning to the Philippines, A reacquired his Philippine Citizenship and thereafter married X. Their marriage is void because in the eyes of the Philippine Law, A is married to B. i. FALSE The first marriage was properly extinguished, giving the parties the capacity to marry

Essay: 1. Can marriage be terminated extra-judicially? (5 pts)

Yes. As a general rule, termination of marriage is always by judicial order. However, the Family Code provides that in case where a first marriage was terminated by the presumptive death of a spouse, then the surviving spouse contracted a subsequent marriage, the filing of an affidavit of reappearance of the spouse presumed dead will automatically terminate the subsequent marriage. In this particular case, the law does not require a judicial order by the courts for terminating the subsequent marriage. It is terminated automatically by operation of law. 2. On January 6, 2000, Romeo filed a case against Amalia for nullity of marriage on the ground of absence of marriage license. Amalia filed a counterclaim against Romeo for Legal Separation and Damages claiming that Romeo engaged in sexual perversion. On Jan 24, 2000, Amalia filed an application in the same case for support pendente lite. The judge immediately required Romeo to file comment on the application and set the said hearing. Romeo claimed that the incident should not be heard as they were still in the 6 months cooling off period. Amalia contended that no cooling off period is necessary because the petition filed was for nullity of marriage. a. Is Romeo Correct?

i. NO. The law provides that the requirement of the 6 months cooling off period in which no court proceedings shall take place in a case of legal separation only applies to court proceedings that would deal with the validity of the claim. In the case at bar, the proceedings is for the support pendente lite that was filed by Amanda. There for the court proceedings can take place. b. Is Amalia Correct? i. YES. The law provides that the 6 months cooling off period applies only to Legal Separation cases. It is no where in the provisions of the law pertaining to the nullity of marriage that requires a 6 months cooling off period. However, Amalia is incorrect because the proceedings in this particular case is for the Legal Separation and not for Nullity of marriage.

CRIMINAL LAW I C

Atty. Lorenzo Padilla Objective: 1. What is an impossible crime? Requisites of an impossible crime are: (1) that the act performed would be an offense against persons or property; (2) that the act was done with evil intent; and (3) that its accomplishment was inherently impossible, or the means employed was either inadequate or ineffectual. Is motive essential in mala prohibita crimes? NO What are the exemptions to the territoriality rule? Art. 2. Application of its provisions. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code 4. What will the court has to do in cases of acts which should be repressed but which are not covered by the law, and in cases of excessive penalties? Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. 5. When shall criminal liability be incurred? Art. 4. Criminal liability. Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By any person performing an act, which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. Essay:

2. 3.

1.

X went to seek Y, a traditional doctor, for a cure for a common cold. Y gave X a concoction of boiled herbs for him to drink. X died because of poisoning. Is Y liable for Xs death? Why or why not? YES, Y is liable for Xs death. According to Art 4 of the RPC, Criminal liability shall be incurred by any person committing a felony although the wrongful act done be different from that which he intended. A Felony is defined as acts and omissions punishable by law and it can be committed through fault and deceit. In the case at bar, Y committed a felony by means of fault (wrongful act results from imprudence, negligence, lack of foresight, or lack of skill) although the wrongful act done be different from that which he intended. Therefore, Y is liable.

2.

X, a crewmember of a British ship docked within the Philippine shores, smoked opium. Is he liable under the Philippine laws? Why or why not? YES. According to the case of United States vs. Bull (15 Phil., 7), this court held that no court of the Philippine Islands had jurisdiction over an offense or crime committed on the high seas or within the territorial waters of any other country, but when she came within three miles of a line drawn from the headlands, which embrace the entrance to Manila Bay, she was within territorial waters, and a new set of principles became applicable. The ship and her crew were then subject to the jurisdiction of the territorial sovereign subject to such limitations as have been conceded by that sovereignty through the proper political agency. In the case at bar the ship is within the territorial waters of the Philippines, even more that the ship is docked within the Philippines shores. Therefore, Philippine laws, which prohibits the use of opium, apply.

TIPS C Atty. Chan-Gonzaga: Constitutional Law I 1. 2. 3. Questions will be based mainly on the codal, so focus on that. No specific pattern in/style in her exams. She has given essay exams, true/false, and even modified true/false tests. So be ready for anything. Atty. Chan-Gonzaga never repeats her own exams. However, she gets questions from previous bar exams. It's her 2nd time to be handling constitutional law 1.

Atty. Mel Sta. Maria: Persons and Family Relations 1. 2. 3. 4. 5. Mainly codal. Memorize the charts he draws in class his most complicated questions are based on these. If he assigns cases, read it. He might bring it up during the exams. Some of his put a yellow, fold the page, clip the page items are asked in the tests but not all. Follow his instructions. If he says 1 page per question, clarify if its one page per letter or per number. Try practicing by answering his previous exams. Though he does not repeat his exams, at least you get to have an idea how he prepares for it. Study hard, but dont expect high grades from Sir Mel on your midterms. Not to put you down or anything, but theyre really difficult. Not to worry though, Sir Mel is a finalist. If you keep studying youll find his finals more manageable (and hes much nicer when checking the finals).

Example: A student got 9/100 in the midterms but passed Persons because he got 90+ in the finals. Its possible. Promise. Atty. Padilla: Criminal Law I 1. 2. Study the quizzlers and his past exams Be familiar with the constituting elements or requisites