Anthony B.

Zurca
Constitutional Law 1
Prof. Atty. E.B Bellen

1. Explain the meaning of the following:

a. Constitutional Law
Constitutional Law is a study of the structure and powers of the Government of the
Republic of the Philippines as well as the basic rights of citizens.

b. What is a State?
A state is a community of persons, more or less numerous, permanently occupying
fixed territory and possessed of an independent government organized for political ends
to which the great body of inhabitants render habitual obedience.

c. What is Archipelago Doctrine?

The Archipelagic Doctrine is a specification in the Filipino Constitution of 1973
defining the boundaries of the country. It stated: "The national territory comprises the
Philippine archipelago with all the islands and waters embraced therein and all the
other territories belonging to the Philippines.

d. What is Parens patriae?

It means that the State is a guardian of the rights of the People. Like a diligent father to
their children.

2. State and Explain the three essential parts of a written constitution particularly with
reference to the Philippine Constitution?
a. Constitution of Liberty it sets forth the fundamental civil and political rights of the
citizens.
b. Constitution of Government it outlines the organization of the Government
enumerating its power to certain rule. It is through which the will of the state is
formulated, expressed and realized.
c. Constitution of Sovereignty it contains the provisions on how to amend and revise our
constitution. It is the supreme and uncontrollable power inherent in a state by which
the state is governed.
3. Which of the following does not belong to the group?
a. Verba Legis- The letter of the law
b. Ut Magis Valeat quam pereat- It is better for a thing to have effect than to be made void
c. Potestas delegata non delegari potest- no delegated power can be further delegated
d. Ratio legis et anima- The reason of the Law is the soul of the law
Based on the definition or translation above the one that does not belong to the group
is the letter (b).
4. State wherer you agree or not to each of the ff. Statements. Preface your answer with either”
I agree” or “ I don’t agree” and Discuss your reason.
a. I don’t agree that a person who believes that firing a gun is against his conscience may
send someone on his behalf. As a citizen of the Philippines we are also bound to defend
and protect our country especially if our sovereignty is at stake. It may be against your
conscience but it is in the constitution that everyone is mandated whenever the needs
arise.
b. I don’t agree that the preamble of the 1987 constitution serves no purpose at all and the
interpretation of the Constitutions has no use. As a citizen of the Philippines we should
always defend our Constitution because it is the highest form of Law of the land. It
contains about sovereignty and rights of every citizen which also upholds everyones
dignity.
c. I agree that in the Philippines constituent functions of govenment are more important
than its ministrants function. And i think it is very evident in Philippines conditions
right now.
d. I don’t agree that separation of powers means that judiciary may apply the laws in the
same manner that congress may enforce it and the executive will interpret it. The three
branches of the government has no jurisdication over the same thats why the power
vested on them are separate.
e. I agree that The Philippine constitution clearly states that it is in the congress where
legislative power is vested.
f. I don’t agree that congress may not exercise power considered non legislative. Like in
the case of Canvass of Presidential elections, the declaration of the existence of state
of war etc. These are non-legislative functions that the congress should exercise.
g. I agree that a city already comprising one legislative district no longer or not entitled
to another or second district even though population reached 489000 or six years after
its creation.
h. I don’t agree that Partylist Kita tayo is entitled to two (2) seats because it needs 2% of
total votes to get one (1) seat. The number of votes that the party list should have in
order to get two (2) seats should be more than 2 million.
i. I don’t agree that the appointment of Senator Honasan is unconstitutional. It will be
unconstitutional if after being appointed as Secretary of DH he will remain a senator
but if he vacated his post as senator and accepted the appointment then it is not
unconstitutional.
j. I don’t agree that senator calling names of other senators may be disbarred or as a
lawyer. The senator has a privilege of speech and debate. As long as the remarks is
made during the official duty then he is immune from any lawsuit.

5. Distinguised:
a. Suability and liability of States
Suability depends on the consent of the state to be sued, liability on the applicable law
and the established facts.
 b. Government and Administration
Government is is the body with the power to make and enforce the law while
administration is the act of administering the government affairs, services rendered and
duties assumed.
c. Nation and State
A nation refers to a group of people who feel bound into a single body by shared culture,
values, folkways, religion and/or language while A state refers to a patch of land with
a sovereign government.
d. De Jure and De Facto Government
De facto means a state of affairs that is true in fact, but that is not officially sanctioned
while de jure means a state of affairs that is in accordance with law.
e. Legal and Political Sovereignty
Legal sovereignty represents the lawyer’s conception of sovereignty. It is associated
with the supreme law-making authority in the state while Political sovereignty is
defined in terms of unlimited political powe.

6. Which of the ff. Is not an element of the State:

I choose Degree of Civilization and independence. Degree of Civilization can be define
and characterized by the development and a symbolic system in a society that has nothing
to do in order to be an element of a state, same with independence although it can be
incorporated to sovereignty of a state.
7. What is a self-executing provision of the Constitution? State and explain at least two rules
in the interpretation of construction.
A constitutional provision is self-executing when it can be given effect without the aid of
legislation, and there is nothing to indicate that legislation is intended to make it operative.
Just as with constitutional provisions, statutes and court judgments can be self-executing.

8. If I were the judge I will not dismiss the case although we have this principle about The
separation of Church and State shall be inviolable. (Article II, Section 6), and, No law
shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required
for the exercise. But in these case where crimes have been committed, the state has the
right to meddle because violations against other person has been violated. And It is the
duty of the state to protect its citizens. The right ends when the right of other begins.
9. In R.A. 3019. Section 1. Statement of policy. It is the policy of the Philippine Government,
in line with the principle that a public office is a public trust, to repress certain acts of
public officers and private persons alike which constitute graft or corrupt practices or which
may lead thereto. That’s why preventive suspension is given to public officials are give
guilty of corrupt practices act. while In constitution suspension for sixty (60) days of its
members with majority votes.