Poli Prelims - Answer

I.
A) LIVING TREE DOCTRINE

This holds that a Constitution must be capable of evolving to meet new social realities. A
constitution is not merely broad, but holds to have an evolving interpretation.
B) CONSTITUTIONAL SUPREMACY
In the case of Manila Prince Hotel v GSIS, it was held that Under the doctrine of constitutional
supremacy, if a law or contract violates any norm of the constitution that law or contract whether
promulgated by the legislative or by the executive branch or entered into by private persons for private
purposes is null and void and without any force and effect. Thus, since the Constitution is the
fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract.
“The Constitution is the basic and paramount law to which all other laws must conform and
to which all persons, including the highest officials of the land, must defer. No act shall be
valid, however nobly intentioned, if it conflicts with the Constitution. The Constitution must
ever remain supreme. All must bow to the mandate of this law.
C) REVISION
This implies a change that alters a basic principle in the Constitution. There is also revision if the
change alters the substantial entirety of the Consitution.
D) BLENDING OF POWERS
Blending of powers is actually sharing of powers of the different departments of government

whereby one department helps and coordinates with the other in the exercise of a particular power,
function or responsibility.
E) SEPARATION OF POWERS
Separation of powers, therefore, refers to the division of government responsibilities into distinct
branches to limit any one branch from exercising the core functions of another. The intent is to prevent
the concentration of power and provide for checks and balances
II.
A) AMENDMENT V REVISION
Amendment refers to a change that adds, reduces, deletes, without altering the basic principle
involved and affects only specific provisions, while revision generally affects several provisions,
and implies a change that alters a basic principle in the Constitution.
B) COMPLETENESS TEST V SUFFICIENT STANDARD TEST

COMPLETENESS test. This means that the law must be complete in all its terms and conditions
when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to
enforce it.
SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the
delegate’s authority, announce the legislative policy and specify the conditions under which it is to be
implemented.
C) POLITICAL V JUSTICIABLE QUESTION
A ‘political question’ is one the resolution of which has been vested by the Constitution exclusively in
either the people, in the exercise of their sovereign capacity, or in which full discretionary authority
has been delegated to a co-equal branch of the Government, there exists a justiciable question when
there is grave abuse of discretion among these government branches and instrumentalities.
D) ABSOLUTE MAJORITY V SIMPLE MAJORITY
Absolute majority is the majority of all those who are eligible to vote, while simple majority is the
majority of all members who are present and voting.
III.
No. The conviction is not proper. This is owing to the reason that Section 13, Act No. 3071, which
the conviction is based from is unconstitutional. The right to contract about one's affairs is a part of the
liberty of the individual, protected by the "due process of law" clause of the constitution. Liberty includes
not only the right to labor, but to refuse to labor, and, consequently to terminate such contracts. The
exercise of Police Power in the instant case nullified the supremacy of the Constitution, making it void and
unconstitutional. It follows therefore that the conviction made by the trial court is improper.
IV.
No. The proposal is invalid. In the case of Lambino v COMELEC, it was ruled by the
Supreme Court that the initiative proposal of the Lambino group violates Section 2, Article XVII of
the Constitution. It should be noted that that initiative may only propose for the amendment of the
constitution. Amendment refers to a change without altering the basic principle involved and
affects only specific provisions, while revision generally affects several provisions, and implies a
change that alters a basic principle in the Constitution. Applying the spirit of the law as intended
by the frame workers, it can be gleaned that merging of the legislative and the executive, as
proposed by the Lambino group, is a revision of the Constitution. Hence, said proposal in not
valid.
V.
No. he promotion of social justice is to be achieved not through a mistaken sympathy towards any
given group. It is the promotion of the welfare of all people. It is neither communism, despotism, nor
atomism, nor anarchy but the humanization of laws and the equalization of social and economic forces by
the state so that justice in its rational and objectively secular conception may at least be approximated.
VI.
a. Archipelagic Doctrine provides that
VII.
Commander Scott Swift’s contention is more tenable. In the case of Arigo v Swift, the Court held
that the waiver of state immunity under the VFA pertains only to criminal jurisdiction and does not extend
to special civil actions such as in the instant case.

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I.

A) LIVING TREE DOCTRINE

Blending of powers is actually sharing of powers of the different departments of government

B) COMPLETENESS TEST V SUFFICIENT STANDARD TEST

C) POLITICAL V JUSTICIABLE QUESTION

D) ABSOLUTE MAJORITY V SIMPLE MAJORITY

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