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CONSTITUTIONAL LAW 1 – FINAL EXAM POINTERS

Who are citizens of the Philippines


1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1973, of Filipino mothers who elect Filipino citizenship
upon reaching the age of majority
4. Those who are naturalized in accordance to the law

3 Distinct Modes of Acquiring Citizenship


1. Jus sanguinis – acquisition based on blood relationship (basic Philippine law follows
jus sanguinis)
2. Jus soli – acquisition on the basis of place of birth
3. Naturalization – acquisition based on the legal act adopting an alien and clothing him
with the privileged of natural born citizen
1. What situations does it qualify for Filipino Citizen re- acquisition?

2. Who are the natural born citizen? (2 situations stated under 1987 constitution)
3. When can it be lost? When can it be forfeited?
4. 3.Re-acquiring Filipino citizenship
5. One of the powers of the president is the power to veto a bill. What are the
grounds which will justify the veto power of the president
6. Can a bill pass/ approval of the law pass without the approval of the President.
Under what circumstances? (executive department)
7. What are these powers delegated to the president as provided for under the
1987 constitution
8. What is the pardoning power? What is the difference between amnesty and
parole, absolute pardon and conditioning pardon. Distinguish each other.
9. What is executive clemency
10. When is it considered a prohibitory offense. Look to the pertinent provision
pertaining to this subject in the 1987 constitution
11. What do you understand by Martial Law? What are the grounds for a valid
declaration of martial law. How many are there as provided in 1987 constitution,
which is also different in the 1970 constitution.
12. What is the provisions for preventing the president from abusing his powers,
state and judicial checks
13. One case says that the judicial is the weakest branch – there is no truth to that
allegation. The only reason why, based on conclusion of political commentators
is that it cannot take motu propio cognizance of the case. It is only when a case
is brought to the SC or any court for that matter that they can adjudicate thecase.
The judicial body can set aside the action taken by the legislative and decide that
the act is void or the statute is void, if it is unconstitutional
14. The justices of the Supreme Court and judges of lower courts, how do they
acquire their title and position, how are they appointed? Who can do that. Look
into the specific provision in the 1987 Constitution.
15. Look into their appointment. Is the appointment of Supreme Court justices
subject to the confirmation as well as the judges of the lower court. I will confuse
the different postulates in the book.
16. Under chapter of judicial branch, specific and different provision of the 1987
constitution, it was highly emphasize the independence of the judicial. Try to
mention provision manifesting or proving their independence. What is meant by
judicial power and how do you distinguish it from judicial review. Is it limited to
constitutionality of law and statute. How about judicial power. How does it
incorporate the power to augment with provision pertaining power to stop even
political issue. Issues complex with politics. The right of the SC to look into grave
abuse of discretion amounting to lack due decision endowed upon into the
Supreme Court into the 1987 consti. How does this distinguish from judicial
review. Rule 65 of rules of court. How does SC decide a case. How can it be
done.. how can it be corrected (Supreme Court en Banc..if they cannot make a
decision.,.what can rectify error from the division)
17. Differentiate political and justiciable question.. under judicial power..
18. Can SC touch issues which are political in nature
19. What are the 3 independent commissions? COA Comelec and COA. Analyze
and discern all provisions common to them, justifying their independence. Know
the compositions of the 3
20. What are the 2 functions of COA. How can it look into the expenditure expended
by private entities. Will that amount an interference to the private aspect of the
corporation. When can it be justified by COA
21. CSC – what are the two types of position..3 positions considered as classified.
Define each from other. Appointment made according to merit and fitness
/security of tenure of position
22. CSC Law, can a recommendation made by mayor of governor, can it be changed
by CSC without offending the power the CSC, as regard to the appointment of
the govt official.
23. If so under what circumstances can it be done as decided in the case of Guego
24. “In so far as Civil Service is concerned, what is important is that the appointee
falls within the parameters of the requirement of the law, it satisfies the minimum
requirement, as long as it does not go beyond that then it has no right to set
aside appointee
25. Supposing im next in rank and mayor appointed somebody, and somebody
submitted his name before the civil service commission as the next one in rank,
does the vested right accrued in my favor.. can I assail it..when can it not be
done, what is the rule without offending appointing power of CSC
26. What does it mean by next in rank
27. Differentiate career and non-career position
28. Classified and non classified position
29. 3 positions considered as classified
30. Career position – what are we referring to..
31. Classified- defends upon the power authority
32. Are the decisions of the 3 independent commission subject to judicial review,
when can it be subject for judicial review
33. In so far as civil service is concerned, there is a chairman appointed by the
president, however he was appointed to handle a committee for fact finding for
violation of anti graft and corrupt practice act, supposed for the vacated seat and
he appoint the secretary of justice, is it proper? is it legally tenable, if so why?
34. Composition of Comelec, what are the requirements, and qualifications
35. Also discuss the power of Comelec as mentioned in the 1987 Constitution
36. “It is not within the power of Comelec to determine if one has the right to
vote..” It’s a matter within the court of justice
37. Definition of public office
38. What are the elements of public office
a. -must not be temporary etc.xxx.xxx.
39. 37. What do you mean by impeachment? What is the rationale behind
impeachment aside from removal?
40. Can an ordinary citizen seek for the impeachment of a public official, if so under
what circumstance.
41. What is the role of the house of representative in so far as filing the complaint.
42. Can an alien also file impeachment proceeding against a public official
43. Different parts of the constitution
44. Preamble – what is the role of the preamble, what do you mean by preambulare,
if the there is no preamble, is the constitution void?
Role of the Preamble - “It tells us the author, and the functions and the
fundamental precepts embodied in the constitution. In fact it is more
helpful in so far as the construction and interpretation of the constitution in
so far as it is an intrinsic aid..”
45. Concentrate on 3 independent commission
46. Ombudsman
47. Role of Judicial Bar Council, the composition and role of JBC pertaining to
appointments
48. What composes its members (JBC)

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