Midterm Exam in Constitutional Law Ii

MIDTERM EXAM IN CONSTITUTIONAL LAW II
1. Suppose a man has many girlfriends. He plans to marry all of them

successively, within a period of six months.
He wants to know what his legal obligations will be to each of them.

He also wants to know his obligations to his would-be children. He
also wants to know what rights his would-be wives and would-be
children will have over his properties.
He therefore files a Petition in Court to get a declaration / answer to

the above issues he has raised.
If you were the judge in the case, how will you resolve that Petition?
Why? Discuss.
2. Then President Pinoy Aquino entered into an agreement with the

United States Government, which allows the U. S. Armed Forces to
use some facilities of the government, and some areas in the country,
as training ground for joint U.S. and Philippine Forces.
Opponents of the agreement demand that the said agreement be

referred to the Senate for ratification, as required in Section 21of
Article 7 (Executive Department).
How did the Supreme Court rule on that issue? Discuss fully
3. A. What are the four grounds for the Vice President to become the
President?
B. Then President Estrada voluntary left Malacanang in January 2001

as an effect of EDSA II. His reason for leaving was to avoid
bloodshed.
Shortly before he left Malacanang, then Vice President Gloria M.

Arroyo had already been sworn in as President by then Chief Justice
Hilario Davide Jr.
Sometime thereafter, lawyers of Estrada, particularly Atty. Allan

Paguia questioned the legitimacy of President Arroyo’s
administration, citing that her becoming President is not among the
four grounds provided for in the Constitution.
How did the Supreme Court rule on that issue?

4. The Supreme Court has the power of judicial review. Suppose the
Congress enacted a law which the Supreme Court believes will be
prejudicial to the people, or will cause financial strain on them. Can
the Supreme Court declare said law to be unconstitutional? Decide.
Discuss fully.
5. a. Explain and illustrate the adjudicatory power of the Supreme Court

b. Distinguish between a political and justiciable question.
Illustrate
c. Which type of question is within the jurisdiction of the judiciary?
6. A. Suppose there are rumors that the President is seriously ill. Who
are the three officials in government who are mandated by the
Constitution to verify the President’s actual state of health?
B. What is the rationale why the said three officials have been chosen
by the Constitution to verify the Presidents real state of health?
C. What are they supposed to do?
7. A. What is the Congress mandate to do in case there is a vacancy in

both the position of President and Vice President?
B. State the steps / procedures which must be done?
C. When may an election not be necessary?
8. President Duterte becomes peeved / irritated whenever he hears of

opposition to / criticisms of his Anti- Drug campaign, particularly to the
rampant extra judicial killings. He has threatened to declare martial
law and suspend the Writ of Habeas Corpus.
A. Will he be justified in doing so?

B. When may he validly and constitutionally be able to declare
martial law?
C. What may the two other branches of government (Congress
and the Supreme court, do in such a case?
9. a. Explain Section 2 of Article VIII states that the power to define

jurisdiction is vested in Congress
b. What do you understand by jurisdiction?
c. The same section provides that Congress may not deprive the
Supreme Court of the powers gives to it under section 5 of the same
article. What do understand by that provision?
d. What powers are given to the Supreme Court in that section?
Why?
10. . Then President Arroyo issued Presidential Proclamation No. 1017
declaring a state of National Emergency and authorizing her to
exercise emergency powers. Said emergency powers would
authorize and allow her to take over the operations of public utilities
vested with public interest.
A. Is Presidential Proclamation No. 1017 valid and constitutional?

Why? How did the Supreme Court rule on this issue?
B. How may emergency powers be validly given to the President?

Discuss fully.
11. A. What is pardon? Explain and Illustrate

B. What is amnesty? Explain and Illustrate
C. Distinguish one from the other?
12. Senator Leilia De Lima has filed a Petition for a Writ of Amparo and
a Writ of habeas data before the Supreme Court.
A. What is the Writ of Amparo? When may the same be issued, and
what is the extent of such writ?
B. what is the writ of habeas data? What is the purpose thereof?
C. Who promulgated said writs, and what is the constitutional basis
for said writs? Explain fully.
13. A. Distinguish between control and supervision?

B. Over which branch of the government does the President
exercise control? Explain and Illustrate the extent of such
power.
C. The governor of a certain province keeps on criticizing
President Duterte’s policies, especially his anti-drug policies
and actions. The President therefore ordered the governor
suspended from office. Will the President’s actions be valid and
lawful? Why? Discuss fully.
GOOD LUCK!!!
Prepared by: Judge MARINO S. BUBAN (Ret)

Midterm Exam in Constitutional Law Ii

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MIDTERM EXAM IN CONSTITUTIONAL LAW II

1. Suppose a man has many girlfriends. He plans to marry all of them

He wants to know what his legal obligations will be to each of them.

He therefore files a Petition in Court to get a declaration / answer to

2. Then President Pinoy Aquino entered into an agreement with the

Opponents of the agreement demand that the said agreement be

B. Then President Estrada voluntary left Malacanang in January 2001

Shortly before he left Malacanang, then Vice President Gloria M.

Sometime thereafter, lawyers of Estrada, particularly Atty. Allan

How did the Supreme Court rule on that issue?

5. a. Explain and illustrate the adjudicatory power of the Supreme Court

c. Which type of question is within the jurisdiction of the judiciary?

C. What are they supposed to do?

7. A. What is the Congress mandate to do in case there is a vacancy in

8. President Duterte becomes peeved / irritated whenever he hears of

A. Will he be justified in doing so?

9. a. Explain Section 2 of Article VIII states that the power to define

A. Is Presidential Proclamation No. 1017 valid and constitutional?

B. How may emergency powers be validly given to the President?

11. A. What is pardon? Explain and Illustrate

13. A. Distinguish between control and supervision?

Prepared by: Judge MARINO S. BUBAN (Ret)

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