CONSTITUTIONAL LAW 1

Wednesdays 5:30 to 8:30

Atty. Randy P. Zarate

Assignment
INSTRUCTIONS:
A. ANSWER ALL THE QUESTIONS AS CONCISELY AS YOU CAN IN A SEPARATE WRITING NOTEBOOK.
B. You may open your notes, books, mylegalwhiz, or even SCRA.
C. A mere yes or no answer will not be given credit.
D. You are encouraged to repeat the questions in the writing notebook.
E. Submit your answers on or before January 8, 2014.
F. Actual answers of the individual students in his/ writing notebook must be in his/her own handwriting, and it must be
certified to by your two of your classmates.

1.

What is Political Law?

2.

What is the scope of political law?

3.

What is the scope of political law?

4.

What is the Constitution?

5.

How is the Philippine Constitution classified?

6.

When did the Philippine Constitution take effect?

7.

How should the Philippine Constitution be interpreted?

8.

In case of doubt, how should the Constitution be construed?

9.

What is the doctrine of Constitutional Supremacy?

10.

State the legal distinctions between EDSA 1 and 2. Tabulate.

11.

Is the People Power recognized in the Constitution?

12.

What are the three parts of a written Constitution?

13.

Distinguish amendment from revision.

14.

How do you determine whether a proposed change is an amendment or a revision?

15.

How may the Constitution be amended or revised?

16.

What is the Doctrine of Proper Submission?

17.

What is initiative?

18.

What are the three (3) kinds of initiative under R.A. 6735?

19.

What is the rule on Local initiative?

20. What are the limitations on Local initiative?

21.

Is the initiative to change the Constitution applicable to revision?

22.

What is referendum?

23.

What are the two (2) classes of referendum?

24.

Compare and differentiate the concepts and processes of initiative from referendum. Tabulate.

25.

What constitutional provisions are considered SelfExecuting and NonSelfExecuting?

26.

What is Territory?

27.

What comprises the Philippine territory?

28.

What are the components of our National Territory?

29.

What is the Archipelagic Doctrine and where is it found in the 1987 Philippine Constitution?

30.

What does the Archipelagic Doctrine emphasize?

31.

What are the purposes of the Archipelagic Doctrine?

32.

Is the Spratlys Group of Islands (SGI) part of the Philippine Archipelago?

33.

What is an Archipelagic State?

34.

Do you consider the Spratlys group of Islands as part of our National Territory?

35.

What is the Doctrine of State Immunity?

36.

What is the basis of the doctrine of State immunity?

37.

Does this doctrine apply as well to foreign government?

38.

Can the State waive its immunity?

39.

Do all contracts entered into by the government operate as a waiver of its non suability?

40.

When is a suit considered as suit against the State?

41.

Petitioners sued the Philippine National Railways for damages for the death of their son who fell from an
overloaded train belonging to the PNR. The trial court dismissed the suit on the ground that the charter of the PNR,
as amended by P.D No. 741 has made the same a government instrumentality, and thus immune from suit. Is the
dismissal proper?

42.

Distinguish unincorporated government agency performing governmental function and one performing proprietary
functions according to the applicability of the Doctrine of State Immunity.

43.

When is a suit against a public official deemed to be a suit against the State?

44.

The Northern Luzon Irrigation Authority was established by a legislative charter to strengthen the irrigation systems
that supply water to farms and commercial growers in the area. While the NLIA is able to generate revenues through
its operations, it receives an annual appropriation from Congress. The NLIA is authorized to "exercise all the powers
of a corporation under the Corporation Code." Due to a miscalculation by some of its employees, there was a
massive irrigation overflow causing a flash flood in Barrio Zanjera. A child drowned in the incident and his parents
now file suit against the NLIA for damages. May the NLIA validly invoke the immunity of the State from suit?

45.

What is the Restrictive Theory of State Immunity from Suit?

46.

What are the implications of this phrase waiver of immunity by the State does not mean a concession of its
liability?

47.

Is there any distinction between suability and liability of the State?

48.

How are the liabilities of the following determined?

49.

In what instances may a public officer be sued without the States consent?

50.

What is the true test in determining whether a suit against a public officer is a suit against the State?

51.

Can the Government be made to pay interest in money judgments against it?

52.

A property owner filed an action directly in court against the Republic of the Philippines seeking payment for a
parcel of land which the national government utilized for a road widening project. Can the government invoke the
doctrine of nonsuitability of the state?

53.

Are the provisions in Article II selfexecuting?

54.

What is a Republican State?

55.

What are the manifestations of Republicanism?

56.

What do you understand by Constitutional Authoritarianism?

57.

Is constitutional authoritarianism compatible with a republican state?

58.

What is the State policy regarding war?

59.

Does the Philippines renounce defensive war?

60.

What are the policies of the State on the following?

Working women

Ecology

The symbols of statehood

Cultural minorities

Science and Technology

61.

What provisions of the 1987 Constitution provide for a policy of transparency in matters of public concern?

62.

What is the Doctrine of Incorporation?

63.

What is the Doctrine of Autolimitation?

64.

What is meant by the principle of Civilian Supremacy?

65.

How is civilian supremacy ensured?

66.

Can a person avoid the rendition of military services to defend the State?

67.

What are the provisions of the Constitution that support the principle of separation of Church and State?

68.

What is the Strict Separationist Approach?

69.

What is the Strict Neutrality Approach?

70.

What is the theory of Benevolent Neutrality?

71.

What theory is applied in the Philippines?

72.

What are the three kinds of accommodation that results from free exercise claim?

73.

What is Mandatory Accommodation?

74.

What is Permissive Accommodation?

75.

What is Prohibited Accommodation?

76.

What is the Doctrine of Separation of Powers?

77.

What is the purpose of separation of powers?

78.

What are the powers vested in the three branches of government?

79.

A group of losing litigants in a case decided by the SC filed a complaint before the Ombudsman charging the
Justices with knowingly and deliberately rendering an unjust decision in utter violation of the penal laws of the land.
Can the Ombudsman validly take cognizance of the case?

80.

May the RTC or any court prohibit a committee of the Senate like the Blue Ribbon Committee from requiring a
person to appear before it when it is conducting investigation in aid of legislation?

81.

What is the principle of Blending of Powers?

82.

What is the principle of Checks and Balances?

83.

How does the Executive Check the other two branches?

84.

How does Legislature check the other two branches?

85.

Can a delegated power be redelegated?

86.

How does the Judiciary check the other two branches?

87.

What are the two tests of valid delegation?

88.

What is the distinction between the Presidents authority to declare a state of national emergency and her authority
to exercise emergency powers?

89.

What is the form of government of the Philippines?

90.

What is the principal identifying feature of a presidential form of government?

91.

What are the essential characteristics of a parliamentary form of government?

92.

What are the kinds of a de facto government?

93.

Does the Bases Conversion Development Authority (BCDA) exercise constituent or ministrant function?

94.

What are the functions of the Government?

95.

What are the classifications of government on the basis of legitimacy?

96.

To what body is legislative power vested?

97.

What are the classes of legislative power?

98.

What are the limitations on the legislative power of Congress?

99.

Discuss the composition, qualifications, and term of office of members of Congress.

100.

Discuss the disqualifications of members of Congress.

101.

How can members of Congress be removed from their respective offices?

102.

Can Congress or COMELEC impose an additional qualification for candidates for senator?

103.

What is the rule on voluntary renunciation of office for any length of time?

104.

What is the composition of HoR?

105.

Who are district representatives?

106.

How are legislative districts apportioned?

107.

What are the conditions for apportionment?

108.

What is the reason for such rule?

109.

How should the reapportionment be made?

110.

What is Gerrymandering? Is it allowed?

111.

Discuss the PartyList System.

112.

Discuss the different parties under the party list system

113.

If one were to analyze the Constitutional and statutory examples of qualified parties, it should be evident
that they represent what classes?

114.

In sum, what are the requirements for a group to qualify for sectoral party accreditation?

115.

What groups are disqualified for registration? Has the Ang Ladlad PartyList amply proved that it meets the
requirements for sectoral party accreditation?

116.

What are the grounds for the cancellation of registration?

117.

Can major political parties participate in the partylist elections?

118.

What are the qualifications of partylist nominees?

119. Who shall be voted? Who are elected into office?

120.

Does the Constitution preclude Congress from increasing its membership?

121.

What is the formula mandated by the Constitution in determining the number of partylist representatives?

122.

What is the effect of change of affiliation any partylist representative?

123.

How shall the partylist representative seats be allocated?

124.

Is the two percent threshold prescribed in Section 11 (b) R.A. 7941 constitutional?

125.

What is parliamentary immunity from arrest?

126.

What is the purpose of parliamentary immunities?

127.

May a congressman who committed an offense punishable for not more than 6 years, but is not attending
session, be arrested?

128.

Can a senatorlawyer be disbarred or disciplined by the Supreme Court for statements made during a
privilege speech?

129.

Is Congress considered in session during a recess?

130.

Is there legislative immunity from searches?

131.

What is legislative privilege?

132.

What are the limitations on legislative privilege?

133.

Can the Sandiganbayan order the preventive suspension of a Member of the HoR being prosecuted
criminally for the violation of the AntiGraft and Corrupt Practices Act?

134.

What are the two (2) requirements for the privilege of Speech and Debate to be availed of?

135.

What does speech or debate encompass?

136.

Does publication fall under the scope of speech?

137.

What are the prohibitions attached to a legislator during his term?

138.

What are the particular inhibitions attached to their office?

139.

What are the disqualifications attached to their office and when are they applicable?

140.

Are legislators required to disclose their assets and liabilities?

141.

When is the regular session of Congress?

142.

What are the instances when there are special sessions?

143.

What is a Mandatory Recess?

144.

What are the instances when Congress is voting separately and voting jointly?

145.

What are the instances when Congress votes other than majority?

146.

What is the rule on adjournment?

147.

What is adjournment sine die? Who are the elected officers of Congress?

148.

How is election of legislative officers done?

149.

What is a quorum?

150.

What is the effect if there is no quorum?

151.

What does majority vote mean?

152.

Can the courts intervene in the implementation of the internal rules of Congress?

153.

May each house of congress punish its members for disorderly behavior?

154.

What is contemplated by disorderly behavior?

155.

What is the composition of the electoral tribunal (ET)?

156.

What is the jurisdiction of the Electoral Tribunals?

157.

What is an election contest?

158.

In the absence of election contest, what power does each House have over its members?

159.

Imelda ran for HoR. A disqualification case was filed against her on account of her residence. The case
was not resolved before the election. Imelda won the election. However, she was not proclaimed. Imelda now
questions the COMELECs jurisdiction over the case. Does the COMELEC have jurisdiction over the case?

160.

Does the HRET have authority to pass upon the eligibilities of the nominees of the partylist groups that
won in the lower house of Congress?

161.

What are the valid grounds or just causes for termination of membership to the tribunal?

162.

Rep. Camasura was a member of the HRET. There was an electoral contest involving his partymate and
Bondoc. The party instructed him to vote for his partymate. However, Rep. Camasura cast a conscience vote in
Bondocs favor. Thus, the party expelled him from HRET on the grounds of disloyalty to the party and breach of
party discipline. Was the expulsion valid?

163.

Can the ET meet when Congress is not in session?

164.

Is there an appeal from the ETs decision?

165.

Is there any remedy from its decision?

166.

What is the composition of the Commission on Appointments (CA)?

167.

How are the 12 Senators and 12 Representatives chosen?

168.

What is the jurisdiction of the CA?

169.

What are the rules on voting?

170.

What are the limitations on confirmation? What are the guidelines in the meetings of the CA?

171.

What is Legislative Power?

172.

What are the legislative powers of Congress?

173.

What are the limitations of such power?

174.

What is an appropriation bill?

175.

What is a revenue bill?

176.

What is a bill of local application?

177.

What are private bills?

178.

How are private bills illustrated?

179.

What is the power of appropriation?

180.

What is an appropriation law?

181.

What is budget?

182.

What are the classifications of appropriations?

183.

TawiTawi is a predominantly Muslim province. The Governor, the ViceGovernor, and members of its
Sangguniang Panlalawigan are all Muslims. Its budget provides the Governor with a certain amount as his
discretionary funds. Recently, however, the Sangguniang Panlalawigan passed a resolution appropriating P100,000
as a special discretionary fund of the Governor, to be spent by him in leading a pilgrimage of his provincemates to
Mecca, Saudi Arabia, Islam's holiest city.

184.Philconsa, on constitutional grounds, has filed suit to nullify the resolution of the Sangguniang Panlalawigan giving
the special discretionary fund to the Governor for the stated purpose. How would you decide the case? Give your
reasons.

185.

Who shall propose the budget?

186.

May Congress modify the budget proposed by the President?

187.

May Congress increase its outlay for itself, the Judiciary and other Constitutional bodies?

188.

What is the scope of subject matter of the power to conduct inquiries in aid of legislation?

189.

What are the limitations on legislative investigation?

190.

Senator Enrile accused the Vice Chairman of the Standard Chartered Bank of violating the Securities
Regulation Code for selling unregistered foreign securities. This has led the Senate to conduct investigation in aid of
legislation. SCB refused to attend the investigation proceedings on the ground that criminal and civil cases involving
the same issues were pending in courts. Decide.

191.

Distinguish the abovementioned case from the case of Bengzon v. Senate Blue Ribbon Committee.

192.

Does Congress have the power to cite persons in contempt?

193.

Does the pardoning power of the President apply to cases of legislative contempt?

194.

What is the socalled question hour?

195.

Distinguish question hour from legislative investigation.

196.

What is the power of oversight of Congress?

197.

What is the scope of the power of oversight?

198.

What are the bases of oversight power of Congress?

199.

What are the categories of Congressional Oversight Functions?

200.

What is legislative veto? Is it allowed in the Philippines?

201.

Can Congress exercise discretion to approve or disapprove an IRR based on a determination of whether
or not it conformed to the law?

202.

May the Senate be allowed to continue the conduct of a legislative inquiry without a duly published rules of
procedure?

203.

Is the present (2013) Senate a continuing legislative body?

204.

What is its consequence?

205.

Is the publication of the rules in the Internet a valid publication?

206.

What is the Doctrine of Shifting Majority?

207.

What is the socalled one billone subject rule?

208.

When does a bill become a law?

209.

What are the Rules regarding the Passage of Bills?

210.

How many readings must a bill undergo before it may become a law?

211.

What are the reasons for the three readings?

212.

What is the purpose of the constitution of the Bicameral Conference Committee?

213.

If the version approved by the Senate is different from that approved by the House of Representatives,
how are the differences reconciled?

214.

Are the conferees limited to reconciling the differences in the bill?

215.

When does the law take effect?

216.

What are the constitutional limitations on the legislatives power to enact laws on revenue, appropriation
and tariff measures?

217.

What are the implied limitations on appropriation power?

218.

What are the constitutional limitations on special appropriations measures?

219.

What is the rule on presidential veto?

220.

May the President veto a law?

221.

When is there a pocket veto?

222.

What are the Constitutional rules on General Appropriations Laws?

223.

When does the Constitution require that the yeas and nays of the Members be taken every time a House
has to vote?

224.

What is a rider?

225.

What are the Nonlegislative powers of Congress?

226.

State the conditions under which Congress may grant emergency powers to the President is allowed.

227.

What is the policy of the Philippines regarding war?

228.

What is the voting requirement to declare the existence of a state of war?

229.

Discuss the Informing function of Congress.

230.

Who is the Chief Executive of the State?

231.

What are the privileges of the President and VP?

232.

What are the reasons for the Presidents immunity from suit?

233.

What are the rules on executive immunity?

234.

What is executive privilege?

235.

How is the privilege invoked?

236.

Is the invocation of this privilege through executive orders, prohibiting executive officials from participating
in legislative inquiries, violate the constitutional right to information on matters of public concern of the people?

237.

Who can invoke executive privilege?

238.

What is the requirement in invoking the privilege?

239.

Is the privilege absolute?

240.

Sec. 1 of EO 464 required all heads of departments in the Executive branch to secure the consent of the
President before appearing in an inquiry conducted by either House of Congress, pursuant to Art. VI, sec. 22 of the
Constitution. Does this section apply only question hour? Is it valid?

241.

What are the varieties of executive privilege?

242.

Differentiate Presidential Communications Privilege from Deliberative Process Privilege.

243.

Are presidential communications presumptively privileged?

244.

The House of Representatives House Committee conducted an inquiry on the Japan Philippines
Economic Partnership Agreement (JPEPA), then being negotiated by the Philippine Government. The House
Committee requested DTI Usec. Aquino to furnish it with a copy of the latest draft of the JPEPA. Aquino replied that
he shall provide a copy thereof once the negotiations are completed.

245.A petition was filed with the SC which seeks to obtain a copy of the Philippine and Japanese offers submitted during
the negotiation process and all pertinent attachments and annexes thereto. Aquino invoked executive privilege
based on the ground that the information sought pertains to diplomatic negotiations then in progress. On the other
hand, Akbayan for their part invoke their right to information on matters of public concern.
246.Are matters involving diplomatic negotiations covered by executive privilege?

247.

How is the presumption overcome?

248.

What are the prohibitions attached to the President, VicePresident, Cabinet Members, and their deputies
or assistants?

249.

Christian, the Chief Presidential Legal Counsel (CPLC), was also appointed as Chairman of the PCGG.
May the two offices be held by the same person?

250.

What is executive power?

251.

What is the faithful execution clause?

252.

What is the scope of executive power?

253.

What are the specific powers of the President?

254.

Is the power of the President limited only to such specific powers enumerated in the Constitution?

255.

What is administrative power?

256.

What is appointment?

257.

What is the nature of the appointing power of the President?

258.

Are the appointments made by an acting President effective?

259.

What are four instances where confirmation of the Commission on Appointments is required?

260.

What is the appointing procedure for those that need CA confirmation?

261.What is the appointing procedure for those that do not need CA confirmation?

262.

Distinguish an ad interim appointment from an appointment in an acting capacity.

263.

What are the limitations regarding the appointing power of the president?

264.

Is the act of the President in appointing acting secretaries constitutional, even without the consent of the
Commission on Appointments while Congress is in session?

265.

May an appointment be the subject of a judicial review?

266.

Sec. 15, Art. VII of the 1987 Constitution prohibits the President from making appointments two months
before the next presidential elections and up to the end of his term. To what types of appointment is said prohibition
directed against?

267.

Does an outgoing President have the power to appoint the next Chief Justice within the period starting two
months before the presidential elections until the end of the presidential term? Discuss thoroughly.

268.

Where does the President derive his power of removal?

269.

Can the President remove all the officials he appointed?

270.

What is the power of control?

271.

What is the doctrine of qualified political agency or alter ego principle?

272.

What are the exceptions to the alter ego doctrine?

273.

What is the reason for the alter ego doctrine?

274.

Can Department Heads exercise power of control in behalf of the President?

275.

Can the Executive Secretary reverse the decision of another department secretary?

276.

What is the power of general supervision?

277.

Distinguish control from supervision.

278.

What is the scope of the Presidents CommanderinChief powers?

279.

State the guidelines in the declaration of martial law.

280.

What are the requisites for the suspension of the privilege of the writ of habeas corpus?

281.

Can the Supreme Court inquire into the factual basis of the suspension of the privilege of the writ of
habeas corpus?

282.

Is the right to bail impaired if the privilege of the writ of habeas corpus is suspended?

283.

What are the limitations on the suspension of the privilege of writ of habeas corpus?

284.

What are the limitations on the declaration of martial law?

285.

What are the ways to lift the proclamation of martial law?

286.

Is the actual use of the armed forces by the President subject to judicial review?

287.

Are peace negotiations with rebel groups part of presidential power?

288.

May the President, in the exercise of peace negotiations, agree to pursue reforms that would require new
legislation and constitutional amendments, or should the reforms be restricted only to those solutions which the
present laws allow?

289.

What is the purpose of executive clemency? Can it be delegated?

290.

What is the scope of the Presidents pardoning power? (Forms of executive clemency)

291.

Are there limitations to the Presidents pardoning power?

292.

What is pardon? What are its legal effects?

293.

What are the kinds of pardon? What makes them different from each other?

294.

Can an offender reject pardon?

295.

Mon Daraya, the assistant city treasurer of Caloocan, was convicted of estafa through falsification of public

documents. However, he was granted an absolute pardon, prompting him to claim that he is entitled to be reinstated
to his former public office. Is Mons contention tenable?

296.

What is reprieve?

297.

What is commutation?

298.

Can the SC review the correctness of the action of the President in granting executive clemency by
commuting the penalty of dismissal, as ruled by the Court, to a dismissed clerk of court?

299.

What is remission?

300.

What is probation?

301.

What is a parole?

302.

What is amnesty?

303.

What are the effects of the grant of amnesty?

304.

Differentiate amnesty from pardon.

305.

What are the Presidents powers over foreign affairs?

306.

What is the scope of the foreign relations powers of the President?

307.

Where do the Presidents diplomatic powers come from?

308.

Who ratifies a treaty? What is the scope of the power to concur treaties and international agreements?

309.

What is budgetary power?

310.

What are residual powers?

311.

What is impoundment power?

312.

What are the principal sources of this power?

313.

What is judicial power?

314.

In what body is it vested?

315.

Distinguish justiciable questions from political questions.

316.

Can judicial power be shared?

317.

What is the power of judicial inquiry?

318.

What is the power of judicial review?

319.

What are the requisites of judicial review?

320.

How does the definition of judicial power under the present Constitution affect the political question

doctrine?

321.

What are the requisites before a law can be declared partially unconstitutional?

322.

What is the Principle of Stare Decisis?

323.

Is the SC obliged to follow precedents?

324.

X filed a petition to set aside the award of the ZTEDOTC Broadband Deal. The OSG opposed the petition
on the ground that the Legal Service of the DOTC has informed it of the Philippine Governments decision not to
continue with the ZTENBN Project.That said there is no more justiciable controversy for the court to resolve.
Hence, the OSG claimed that the petition should be dismissed. X countered by saying that despite the mootness,
the Court must nevertheless take cognizance of the case and rule on the merits due to the Courts symbolic function
of educating the bench and the bar by formulating guiding and controlling principles, precepts, doctrines, and rules.
Decide.

325.

What are the functions of judicial review?

326.

What is the extent of power of judicial review in impeachment proceedings?

327.

What is the Doctrine of Relative Constitutionality?

328.

What is meant by the operative fact doctrine?

329.

Will the invocation of this doctrine an admission that the law is unconstitutional?

330.

What are moot questions?

331.

When is a case moot and academic?

332.

Should courts decline jurisdiction over moot and academic cases?

333.

What is meant by the political question doctrine?

334.

What does the mandate of the Constitution that the judiciary shall enjoy fiscal autonomy contemplate?

335.

What does the Principle of Judicial Restraint mean?

336.

What are political questions?

337.

What are the constitutional safeguards that guarantee independence of the judiciary?

338.

What are the functions of the JBC?

339.

How are members of the judiciary appointed?

340.

What is the composition of the JBC?

341.

How long can members of the SC and judges hold office?

342.

Does the prohibition against midnight appointments (Sec. 15, Art. VII two months immediately before the
next presidential elections and up to the end of his term, a President or acting President shall not make
appointments except temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety) affect appointments to the Supreme Court?

343.

What are the general qualifications for appointments to the judiciary?

344.

What are the qualifications for appointments to the SC?

345.

What are the qualifications for appointments to lower collegiate courts?

346.

What are the qualifications for appointments to lower courts?

347.

What is the scope of the rule making power of the SC?

348.

What are the cases that should be heard by the SC en banc?

349.

Who holds the power of disciplinary action over judges of lower courts?

350.

Does the CSC have jurisdiction over an employee of the judiciary for acts committed while said employee
was still in the executive branch?

351.

What are the Constitutional Commissions?

352.

Discuss the creation of the Constitutional Commission.

353.

What are the guarantees of independence provided for by the Constitution to the 3 Commissions?

354.

What are the prohibitions and inhibitions attached to the officers of Constitutional Commissions?

355.

Discuss the certiorari jurisdiction of the SC over these Commissions.

356.

What are the requisites for the effective operation of the rotational scheme of terms of constitutional

bodies?

357.

What is the composition of the CSC?

358.

What are the qualifications of the CSC Commissioners?

359.

Discuss the decisionmaking process in these Commissions.

360.

Discuss the rule on appeals.

361.

What are the functions of the CSC?

362.

What is the term of office of the CSC Commissioners?

363.

What is the meaning and guarantee of security of tenure?

364.

What is the composition of the COMELEC?

365.

What are the qualifications of the COMELEC Commissioners?

366.

What is the term of office of the COMELEC Commissioners?

367.

May the President designate a member of the COMELEC as acting Chairman? Explain.

368.

What are the constitutional powers and functions of the COMELEC?

369.

All election cases, including preproclamation controversies, must be decided by the COMELEC in
division. Should a party be dissatisfied with the decision, what remedy is available?

370.

Can the COMELEC exercise its power of contempt in connection with its functions as the National Board
of Canvassers during the elections?

371.

What cases fall under the jurisdiction of COMELEC by division?

372.

What cases fall under the jurisdiction of COMELEC en banc?

373.

What are the acts that fall under the COMELECs power to supervise or regulate?

374.

What is the term of office of the COA Commissioners?

375.

What is its composition?

376.

What are the qualifications of COA Commissioners?

377.

constitutional powers and functions?

378.

Can the COA be divested of its power to examine and audit government agencies?

379.

The PNB was then one of the leading governmentowned banks and it was under the audit jurisdiction of
the COA. A few years ago, it was privatized. What is the effect, if any, of the privatization of PNB on the audit
jurisdiction of the COA?

380.

How are decisions of the commissions reviewed by the SC?

381.

When certiorari to the Supreme Court is chosen, what is required?

382.Q; Does the CSC have the power to hear and decide administrative cases?

383.

Which body has the jurisdiction on personnel actions, covered by the civil service?

384.

Which body has the exclusive original jurisdiction over all contests relating to the elections?

385.

What is the difference between the jurisdiction of the COMELEC before the proclamation and its
jurisdiction after proclamation?

386.What are the common limitations of these powers?

387.

What is citizenship?

388.

What are the modes of acquiring citizenship?

389.

Can there be judicial declaration that a person is a Filipino citizen? Why?

390.

Who are citizens of the Philippines?

391.

What is the Caram Rule?

392.

Who are natural-born citizens?

393.

What is the rule regarding marriage of a Filipino with an alien?

394.

State the qualifications for naturalization.

395.

Who are disqualified for naturalization?

396.

Differentiate a Direct naturalization from a Derivative naturalization.

397.

What are the effects of naturalization?

398.

What are the grounds for denaturalization?

399.

What are the effects of denaturalization?

400.

What are the grounds for loss of Philippine citizenship?

401.

How is citizenship renounced?

402.

Does res judicata set in citizenship cases?

403.

What are the ways to reacquire citizenship?

404.

Distinguish naturalization from repatriation.

405.

Distinguish dual citizenship from dual allegiance.

406.

How is repatriation effected?

407.

What is the effect of repatriation?

408.

What is an example of reacquisition of citizenship by the direct act of congress?

409.

What is the effect of reacquisition of citizenship on civil and political rights?

410.

Are persons possessing dual citizenship by virtue of birth barred from running for public office?

411.

A, a naturalized US citizen, sought to reacquire his Philippine citizenship. He took his oath of allegiance to
the Republic of the Philippines before the Vice Consul. He then ran and won as Vice Mayor of a municipality. The
COMELEC, however, disqualified him on the ground that he failed to renounce his US citizenship. Is A disqualified
from running as a candidate in the local elections for his failure to make a personal and sworn renunciation of his
US citizenship?

412.

A is a naturalized citizen of another country who reacquires Filipino citizenship. On the other hand, B
possesses dual citizenship by birth. If they desire to run for elective public office, what requirement must they
comply as regards their citizenship?

413.

Define public office.

414.

How are public offices created?

415.

What are the elements of a public office?

416.

President Benigno Aquino III issue Executive Order No. 1 creating the Philippine Truth Commission (PTC).
The legality of the creation of the PTC was assailed before the Supreme Court. The petitioners contend that the
PTC is a public office and thus the president is without authority to create it. It was further contended that the
creation of a public office lies within the province of the legislature. The Office of the Solicitor General (OSG)
countered that the creation of a factfinding body like the PTC is covered by the Presidents power of reorganization

under the Administrative Code and the Presidents power of control. The OSG likewise contends that Congress has
delegated to the President the power to create public offices by virtue of P.D. 1416, as amended by P.D. 1772.
417.Does the creation of the PTC fall within the ambit of the power to reorganize as expressed in Section 31 of the
Revised Administrative Code?

418.

Is the creation of the PTC justified by the Presidents power of control.

419.

Can P.D. 1416 be used as justification for the Presidents power to create public offices, particularly the

PTC?

420.

What then could be the justification for the Presidents creation of the PTC?

421.

What are the characteristics of a public office?

422.What is the principle of "public office is a public trust?"

423.

What does the concept "public office is not a property mean?

424.

What are the classifications of government employment?

425.

What are included in the career service?

426.What are the distinctions between career service and noncareer service?

427.

What are the modes of filling up public offices?

428.

What are the classifications of appointments?

429.

What is the nature of an "acting appointment" to a government office? Does such an appointment give the
appointee the right to claim that the appointment will, in time, ripen into a permanent one? Explain.

430.

What is a provisional appointment?

431.

Can the President submit to the Commission on Appointments an appointment for confirmation when it
does not need the consent of the same?

432.

When is an appointment in the civil service permanent?

433.

What is the nature of an ad interim appointment?

434.

Differentiate regular from ad interim appointments?

435.

Distinguish between an "appointment in an acting capacity" extended by a Department Secretary from an

ad interim appointment extended by the President.

436.

Distinguish between a provisional and a temporary appointment.

437.

Can the CSC revoke an appointment by the appointing power and direct the appointment of an individual
of its choice?

438.

What is the concept of protest to appointment?

439.

What is the concept of revocation and recall of appointment?

440.

What are the three (3) kinds of terms?

441.

Distinguish term from tenure.

442.What is the concept of holdover

443.

What are the requirements for public office?

444.

State the prohibitions imposed under the 1987 Constitution against the holding of 2 or more positions.

445.

What is the rule against the appointment of members of the official family of the President?

446.

As an exception to the rule against holding 2 or more positions, which public officers are allowed by the
Constitution to hold other positions in the Government?

447.

What kind of gifts or grants may public officers accept from foreign governments?

448.

What is meant by partisan political activity?

449.

Can appointive officials engage in partisan political activities?

450.

Describe the extent of the right to self organization of employees in the public service?

451.

Does the election or appointment of an attorney to a government office disqualify him from engaging in the
private practice of law?

452.

What are the other prohibitions imposed on public officers?

453.

What kind of public officers may engage in partisan political activities?

454.

Is a lawyer member who is also a member of the Legislature absolutely prohibited from engaging the
private practice of law?

455.

Under the Local Government Code, can the members of Sanggunian engage in the practice of law?

456.

Under the Local Government Code, what are the prohibitions against the practice of other professions?

457.

Can public officers engage in a private business?

458.

What are the prohibitions under RA 6713 or Code of Conduct and Ethical Standards for Public Officials
and Employees?

459.

What powers may be exercised by public officers?

460.

What are the rights and privileges of public officers?

461.

What is the Doctrine of Necessary Implication?

462.

Is there any protection in the exercise of this power?

463.

What are the kinds of duties of public officers?

464.

What are the duties of public officers?

465.

Is the suspended public official entitled to payment of salary?

466.

Can the de jure officer recover the salary received by the de facto officer?

467.

Can public officials avail of the services of the Solicitor General?

468.

State the threefold responsibility/liability of public officers.

469.

Are public officers liable for injuries sustained by another in the performance of his official acts done within
the scope of his authority?

470.

What are the liabilities of ministerial officers?

471.

What is the doctrine of Command Responsibility?

472.

What are the grounds for the discipline of public officers?

473.

What is the concept of security of tenure?

474.

What is the nature of preventive suspension?

475.

What are the periods for preventive suspension?

476.What are the distinctions between preventive suspension pending investigation and pending appeal?

477.

Is a public officer entitled to back wages during his suspension pending appeal when the result of the
decision from such appeal does not amount to complete exoneration but carries with it a certain number of days of
suspension?

478.

What is a disciplinary action?

479.Are decisions in a disciplinary action appealable?

480.

Does executive clemency carry with it payment of backwages?

481.

Are public officers immune from liabilities?

482.

What is the basis for this immunity?

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