Constitutional Law I Midterms 2011-2012

CONSTITUTIONAL LAW I
MID TERM EXAMINATIONS

ARELLANO UNIVERSITY SCHOOL OF LAW
ATTY. ROEL PULIDO
SECOND SEMESTER, 2011-2012
Answer the following questions:
1. Article XI, Sections 2 and 3 of the Constitution respectively state that:
Section 2. The President, the Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the Ombudsman may be
removed from office on impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may be removed from office as
provided by law, but not by impeachment.
Section 3.
1. The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.
2. A verified complaint for impeachment may be filed by any Member of the
House of Representatives or by any citizen upon a resolution or endorsement
by any Member thereof, which shall be included in the Order of Business
within ten session days, and referred to the proper Committee within three
session days thereafter. The Committee, after hearing, and by a majority vote
of all its Members, shall submit its report to the House within sixty session
days from such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by the House within ten
session days from receipt thereof.
3. A vote of at least one-third of all the Members of the House shall be necessary
either to affirm a favorable resolution with the Articles of Impeachment of
the Committee, or override its contrary resolution. The vote of each Member
shall be recorded.
4. In case the verified complaint or resolution of impeachment is filed by at
least one-third of all the Members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall forthwith proceed.
5. No impeachment proceedings shall be initiated against the same official more
than once within a period of one year.
6. The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines is on trial, the Chief Justice
of the Supreme Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the Members of the
Senate.
7. Judgment in cases of impeachment shall not extend further than removal
from office and disqualification to hold any office under the Republic of the
Philippines, but the party convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment, according to law.
8. The Congress shall promulgate its rules on impeachment to effectively carry
out the purpose of this section.
Given the foregoing Constitutional provisions and keeping in mind the rules in
construing the Constitution, do you think that the current impeachment proceeding
against the Chief Justice must be treated as more akin to a civil case or to a criminal
case. Justify your answer with LEGAL ARGUMENTS (emotional arguments or those
with nothing but motherhood statements will be considered a failing answer. This
question is worth 30 points)
2. Why is the Constitution considered as the Supreme Law? (10 points)
3. What is the difference between a Constitutional amendment and a

constitutional revision. (10 points)
4. What is the procedure for revising the Constitution? How is it different from
amending it? (10 points)
5. Assuming I (your handsome professor, as such) will file a petition before the
Supreme Court questioning the constitutionality of the impeachment
proceedings against the Chief Justice, You were then asked to craft the an
opposition against my petition. Keeping in mind the requisites for invoking
judicial power, what grounds will you use to oppose my petition? (20 points)
6. Juana, a Filipina working in Japan, married Nakauto, a Japanese that has

acquired US citizenship. The marriage was celebrated in the Philippines. They
then moved to Japan right after their marriage. Later, Nakauto was re-
assigned to the US so they moved to the US. While in the US, Juana got
pregnant. She later gave birth to a baby boy who they named John. Two years
later, Nakauto divorced Juana. A year later, Juana got pregnant. Juana claims
the father was Steve, an American citizen working in Japan whom she met in
the US. While pregnant, Juana flew to Japan to meet Steve. Upon landing at
the Tokyo airport, she gave birth to another baby boy who they named
Bastardo. Is John a Filipino citizen? Why or why not? (5 points) Is Bastardo a
Filipino citizen? Why or why not (5 points)
7. If John was born in 1971, will your answer change with respect to John? (5
points) Will your answer change with respect to Bastardo? (5 points)
GOOD LUCK!

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CONSTITUTIONAL LAW I

MID TERM EXAMINATIONS

Answer the following questions:

1. Article XI, Sections 2 and 3 of the Constitution respectively state that:

2. Why is the Constitution considered as the Supreme Law? (10 points)

3. What is the difference between a Constitutional amendment and a

6. Juana, a Filipina working in Japan, married Nakauto, a Japanese that has

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