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ARELLANO UNIVERSITY SCHOOL OF LAW

CONSTITUTIONAL LAW I
FIRST SEMESTER, 2009-2010
ATTY. ROEL PULIDO
FINAL EXAMINATIONS

Please answer the following questions:

1.

Are you legally qualified to:


(a) be a Congressman of Pasay City? Why or why not? 5 points
(b) be a Senator of the Republic? Why or why not? 5 points
(c) be a Vice President of the Republic? Why or why not? 5 points
(d) be a party list representative? Why or why not? 5 points

2.
Please enumerate the powers of the President that allows him/her to
intervene in Legislation (10 points)

3.
Please enumerate the powers of the Legislative Branch that allows it to
check/control the Executives exercise of its power. Please identify the
Executive power and write the legislative power available to control it. (10
points)

Please read the following hypothetical problems and answer the questions
following them. Take note of the weight given to each question.

4.
The President declared a State of Rebellion supposedly due to the
violence instigated by rebel groups, using the massive protest rallies as take of
points to instigate violence and lawlessness. In announcing the declaration on

national tv, the President warned that lawless elements shall be dealt with
according to the law. Believing that such a declaration and public
announcement was in preparation for massive warrantless arrests to be
conducted by the state agents, the LDP, a registered political party filed a case
before the Supreme Court questioning the intended warrantless arrests. Will
such case prosper? Why or why not? (10 points)
5.
Will your answer in number 1 change if the President declared Martial
Law and it was the President of LDP who filed a case questioning the factual
basis of Martial Law? (10 points)
FOR NUMBERS 6,7,8 and9. Read the following Hypothetical Case then answer
the questions below it.
Party List Representative Matinong Isip delivered a privilege speech in
Congress denouncing the militarist and dictatorial tendencies of the current
administration. He denounced the appointment of retired military general to
cabinet posts. He denounced the rampant human rights abuses of the military
and police and the apparent coddling of human rights violators. He called for a
congressional inquiry to determine the state of human rights in the Philippines
in order to identify gaps or loopholes in current laws on human rights. In
response to this privilege speech, party list representative and former general
Berdugona Gagopa delivered his own privilege speech. He denounced what he
called leftist fronts and called for a congressional inquiry to determine if
NGOs and Peoples Organizations are actually communist fronts.
A heated debate subsequently followed these two speeches. Party list
representative Gagopa ended up hitting Party list representative Isip with a
chair. Party list representative Isip was rushed to the hospital. His head was
severely injured.
Weeks later, Party list representative Gagopa initiated a case before the Ethics
Committee, calling for the expulsion of Representative Isip. Since Rep. Gagopa
was a leading member of the majority, the Ethics committee took cognizance of
the case.
Representative Isip, on the other hand, sued Gagopa for serious physical
injuries before the courts. After the preliminary investigation, the Fiscal found
probable cause and filed an Information against Representative Gagopa.
In the meantime, the majority coalition, in support of Gagopa, started an
investigation of NGOs and Pos. They called on the leaders of the NGOs and Pos
to attend the investigation to determine whether they are communist fronts.

NGOs and Pos however, refused to attend. They filed a case before the Supreme
Court, asking the Court to enjoin Congress from compelling them to attend the
investigative hearings.
Given the foregoing:
6 Can Representative Isip file a case before the Supreme Court to stop the
Ethics Committee from hearing the case filed by Rep. Gagopa? Why or
why not? (10 points)
7 Can Representative Gagopa file a case for prohibition to stop the courts
from proceeding with the case for serious physical injuries? Why or why
not? (10 points)

8 Can the COURT, upon petition of the NGOs and Pos stop the
congressional investigation? Why or why not? (10 points)
9 Can the NGOs sue Gagopa for his speech? Why or why not? (10 points)

BONUS (20 points). Please write the exact provisions of Article VII, Section 18
of the 1987 Constitution.