Political Law Bar Exam Answers: 1987 Constitution

Phil Con 87; New Features (1991)

No 1: How is the Bill of Rights strengthened in the 1987 Constitution?

SUGGESTED ANSWER:

There  are  several  ways  in  which  the  Bill  of Rights is strengthened in the 1987 Constitution.

1.   New  rights  are  given  explicit  recognition such as, the prohibition against detention by reason of political beliefs and aspirations. The   waiver   of   Miranda   rights   is   now required to be made in writing with the assistance of counsel. The use of solitary, incommunicado and secret detention places is       prohibited,   while   the   existence   of substandard and inadequate penal facilities is made the concern of legislation.

2. There is also recognition of the right of expression, an express prohibition against the use of torture, a mandate to the State to provide compensation and rehabilitation for victims of torture and their families.

3.  Some rights have been expanded.     For instance,          free   access   to   courts   now includes access to quasi-judicial bodies and to adequate legal assistance.

4.   The requirements for interfering with some rights have been made more strict.   For instance, only judges can now issue search warrants or warrants of arrest. There must be a    law    authorizing    the    Executive Department to interfere with the privacy of communication,  the  liberty  of  abode,  and the right to travel before these rights may be impaired or curtailed.

5. The Constitution now provides that the suspension of the privilege of the writ of habeas corpus does not suspend the right to bail, thus resolving a doctrinal dispute of long standing.

6.   The suspension of the privilege of the writ of habeas corpus and the proclamation of martial law have been limited to sixty (60) days and are now subject to  the power of Congress to revoke.    In addition, the Supreme  Court  is  given  the  jurisdiction, upon the petition of any citizen to determine the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law.

7.   The Supreme Court is empowered to adopt rules for the protection and enforcement of constitutional rights.

8.   Art. II. Sec. 11 commits the State to a policy which places value on the dignity of every human person and guarantees full respect for human rights.

9.   A Commission on Human Rights is created.

10. Under  Article  XVI.  Sec.  5(2)  the  State  is mandated     to   promote   respect   for   the people’s rights among the members of the military in the performance of their duty.

Phil Con 87; People Power (1987)

No. XVIII: The framers of the 1987 Constitution and the people who ratified it made sure that provisions institutionalizing people power were incorporated in the fundamental law, Briefly discuss at least two such provisions.

SUGGESTED ANSWER:

Art. VI, Sec. 1, while vesting in Congress the legislative power, nonetheless states that such conferment of power shall be subject to the reservation made in favor of the people by provisions  on  initiatives  and  referendum.  For this purpose, Congress is required, as early as possible, to provide for a system of initiative of referendum whereby the people can directly propose and enact laws or approve or reject an act or law or part thereof passed by the Congress or the legislative bodies after the registration of a petition therefor, signed by at least 10% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters. (Id., sec. 32) The Constitution also provides that through initiative, upon a petition of   at   least   12%   of   the  total   numbers   of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein, amendments to the Constitution may be directly proposed by the people.

Art, XIII, sec. 15 states that the state shall respect the role of independent people’s organization to enable them to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful lawful means. For this purpose, the Constitution guarantees to such organizations the right to participate at all levels of social, political and economic decision- making and the state is required to validate the establishment of adequate mechanism for this purpose. (Id., sec, 16)

Phil Con 87; People Power (2000)

No IX. Is the concept of People Power recognized in the Constitution? Discuss briefly. (3%)

SUGGESTED ANSWER:

Yes, the concept of People Power is recognized in the Constitution.

Under Section 32. Article VI of the Constitution, through initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered  voters,  of  which  every  legislative district must be represented by at least three per centum of the registered voters thereof. Under    Section    16,    Article    XIII    of    the Constitution, the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic  decision-making  shall  not  be abridged. The State shall, by law facilitate the establishment     of     adequate     consultation mechanisms.

Under  Section  2.  Article  XVII  of  the Constitution, the people may directly propose amendments  to  the  Constitution  through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein.

Phil Con 87; People Power (2003)

No I –      Is “people power” recognized by the 1987 Constitution? Explain fully.

SUGGESTED ANSWER:

“People     power”     is     recognized     in     the Constitution.

Article III, Section 4 of the 1987 Constitution guarantees the right of the people peaceable to assemble and petition the government for redress of grievances.

Article VI, Section 32 of the 1987 Constitution requires Congress to pass a law allowing the people to directly propose and enact laws through initiative and to approve or reject any act or law or part of it passed by Congress or a local legislative body.

Article XIII, Section 16 of the 1987 Constitution provides that the right of the people and their organizations  to  participate  at  all  levels  of social, political, and economic decision-making shall not be abridged and that the State shall, by law, facilitate the establishment of adequate consultation mechanisms.

Article XVII, Section 2 of the 1987 Constitution provides that subject to the enactment of an implementing law, the people may directly propose   amendments   to   the   Constitution through initiative.

Nature  of  the  Constitution:  Constitutional Supremacy (2004)

(10-a) BNN Republic has a defense treaty with EVA Federation. According to the Republic’s Secretary of Defense, the treaty allows temporary basing of friendly foreign troops in case of training exercises for the war on terrorism. The Majority  Leader  of the Senate contends that whether temporary or not, the basing of foreign troops however friendly is prohibited by the Constitution of BNN which provides that, “No foreign military bases shall be allowed in BNN territory.”

In case there is indeed an irreconcilable conflict between   a   provision   of   the   treaty   and   a provision  of  the  Constitution,  in  a  jurisdiction and   legal   system   like   ours,   which   should prevail: the provision of the treaty or of the Constitution?   Why?   Explain   with   reasons, briefly. (5%)

SUGGESTED ANSWER:

In  case  of  conflict  between  a  provision  of  a treaty and a provision of the Constitution, the provision of the Constitution should prevail. Section   5(2)(a),   Article   VIII   of   the   1987 Constitution authorizes the nullification of a treaty  when  it  conflicts  with  the  Constitution. (Gonzales v. Hechanova, 9 SCRA 230 [1963]).

Government Presidential Form vs. Parliamentary Form (Q6-2006)

1.      a) What is the principal identifying feature of a presidential form of government? Explain. (2.5%)

SUGGESTED ANSWER:

The principal identifying feature of a presidential form of government is embodied in the separation  of  powers  doctrine.  Each department of government exercises powers granted to it by the Constitution and may not control, interfere with or encroach upon the acts done  within  the  constitutional  competence  of the others. However, the Constitution also gives each  department  certain  powers  by  which  it may definitely restrain the others from improvident   action,   thereby   maintaining   a system of checks and balances among them, thus, preserving the will of the sovereign expressed in the Constitution.