CONSTITUTIONAL LAW I E

A.D. Bautista PART I. Instructions: Write True or False in your booklet and provide a LEGAL explanation of not more than two sentences for your answer. Return the questionnaire with your booklet. (5 points each) 1. 2. Under the current definition of our national territory, the Philippines has renounced its claim over Sabah. All congressmen have the same term of office.

PART II. Instructions: Write the letter of the best answer to the following questions. No need to provide a LEGAL explanation. (2 points each) 1. The following constitute the national territory of the Philippines, except: a. Philippine Archipelago b. All other territories over which the Philippines has sovereignty or jurisdiction c. The territorial sea, seabed, subsoil, and maritime sea d. Aerial, fluvial and terrestrial domains As provided under Article II of the Constitution, the following is/are enforceable right/s: a. The right to a balanced and healthful ecology b. The right to health and instilling health consciousness c. Having a democratic and republican state d. Guarantee to the full respect for human rights e. All of the above The following statements is/are true: a. The Declaration of Principles and State Policies is a statement of the basic ideological principles and policies underlying the Constitution b. The provisions under Article II sheds light to the meaning of other provisions of the Constitution c. The provisions under Article II are binding rules to be observed in the conduct of the government and are guidelines for the orientation of the state d. All of the above e. None of the above The following are prohibitions imposed upon all congressmen, except: a. Hold any other office in government during his term without forfeiting seat b. Personally appear for himself in any government office c. Appointment to any office created or emoluments increased during the term elected d. Intervene before government office for his pecuniary benefit or called upon to act on account of his office The initiative and referendum under Article VI of the Constitution may be effected by: a. Petition signed by at least ten percent of the total number of registered voters b. Each legislative district represented by at least three percent of the registered voters c. All of the above d. None of the above

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CRIMINAL LAW I A

Part I. Instructions: Answer the following questions clearly and exhaustively. (5 points each) I. (a) Define Criminal Law (b) What are the characteristics of Criminal Law? (c) How are penal laws construed and interpreted?

II. A, B and C planned to kill X. On the night agreed upon, A, B and C, all armed with knives, waited for X to pass by. Just about X pass-by, A excused himself to urinate. While urinating, X arrived. B immediately stabbed X on the chest, while C merely watched and did nothing. A, B and C left X mortally wounded. What are the liabilities of A, B and C, if any?

PERSONS AND FAMILY RELATIONS E

DCA NIMFA CUESTA VILCHES Answer fully citing the legal provisions supporting your discussion and write legibly. 1.) Mario and Maria, both Filipinos, are married to each other. Mario was of legal age at the time of the wedding before a minister of a congregation while Maria was only 19 years of age. After six years of marriage, Mario went to one of the South American countries where he secured a divorce decree against Maria, got married to a South American Model and is now believed to be engaged in illegal drugs and arms trade as his sources of income. a.) Is the marriage between Mario and Maria considered valid in this country in that the authority of the minister to solemnize has long expired? (5pts) b.) Is the divorce between Mario and Maria valid? (5 pts) 2.) Is it required that a respondent in a petition for declaration of nullity of marriage based on psychological incapacity be examined by a clinical psychologist or psychiatrist as a condition sine qua non? (5pts) 3.) Is emotional immaturity and irresponsibility psychological incapacity? (5pts) 4.) When there was no marriage ceremony at all in the 1st marriage, is the 2nd marriage contracted null and void for being bigamous? (5pts)

SUGGESTED ANSWERS E

CONSTITUTIONAL LAW PART I 1. False The phrase all other territories over which the Philippines has sovereignty or jurisdiction includes other territories which, depending on available evidence, might belong to the Philippines, including Sabah. The change in phraseology was meant to avoid the use of language historically offensive to Malaysia. False Section 1, Article VI provides that the Congress shall consist of the Senate and House of Representatives. Hence, the term congressman includes both Senators and Representatives with their respective term of office of six and three years as provided under Section 4 and 7 of Article VI.

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PART II 1. C - lacks insular shelves A - As held in the case of Oposa vs. Factoran D - See case book for Constitutional Law I of Fr. Bernas under Article II B - The prohibition pertains to appearing as COUNSEL, meaning, for someone else C - See Section 1 and 32, Article VI

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CRIMINAL LAW PART I Ia. Criminal law is that branch of public substantive law, dealing with the relation of individual to the state, defines offenses, and prescribes for their punishment. Ib. Also known as cardinal principles of criminal law are generality, which means that the RPC applies to all persons who commit felonies in the Philippines territory, regardless of nationality, gender, age or other personal circumstances, subject to certain exceptions; territoriality, which means that the RPC applies to all offenses committed within the Philippine territory, subject to the exceptions under Art. 2, RPC; and prospectivity, which means that the Code has no retroactive effect unless it is favorable to the accused who is not a habitual delinquent, except where the later law under which the accused is prosecuted provides for retroactivity. Some writers add another principle, which is legality, in relation to the legal maxim of nulla poena sine lege. Ic. The provisions of penal laws are construed strictly against the State and liberally in favor of the accused. Any doubt in its provisions is interpreted in favor of the accused. II. A, B and C are criminally liable for the death of X, based on the principle of conspiracy under Art. 8 of the Code. Article 8 provides that whenever there is a conspiracy, the act of one is the act of all. Hence, all three of them are

principally liable for the death of X. However, A may be relieved of his criminal liability if he can claim and prove a positive desistance on his part. Absence such, all of them are criminally liable for having conspired to kill X

PERSONS AND FAMILY RELATIONS 1.) a.) Valid. The law provides that all marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6) 36, 37 and 38. In the case at hand, the marriage solemnized in one of the South American countries is still considered valid because it was solemnized in accordance with the laws in force in that country and valid there as such; and therefore deemed valid in this country as well. Neither does the absence of the authority of the solemnizing officer fall under the exceptions provided by the above-mentioned authority. As such, the marriage is valid. b.) Invalid. The law provides that where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. In the case at bar, the divorce decree obtained by Mario against Maria is invalid under Philippine law. The law only upholds the validity of a divorce decree if a foreign spouse secures it against the Filipino spouse. This is not the case for Mario since he is a Filipino. Divorce is not allowed between the Filipino spouses in the Philippines. As such, the decree is invalid. 2.) NO. It is not required pursuant to Rep v. Iyoy. 3.) NO. Emotional immaturity and irresponsibility is not enough to substantiate a claim for psychological incapacity. The guidelines highlighted in the case of Molina must be examined in order to uphold the ground of psychological incapacity of a spouse. 4.) NO. It is void not for being bigamous, but for the failure to comply with Article 53 of the Family Code.

TIPS E

PERSONS AND FAMILY RELATIONS DCA Vilches 1. Read the codals 2. If there is one provision she likes to ask often, that is the provision regarding psychological incapacity so if you can memorize that, do memorize 3. WRITE LEGIBLY AND AS NEATLY as possible, she usually puts comments if your handwriting is hideous 4. Always try to cite a provision or legal basis for your answer CONSTITUTIONAL LAW I Dean Bautista 1. Read the provisions of the Constitution and his powerpoint presentations 2. Answer as directly as possible 3. He usually gives full credit if you can cite the provision, even just the Article number for as long as you can explain its essence and the key terms 4. He usually gives +10 points if youll pass your paper 10 mins. Before the time (but pray that hell give this time, I think last year he didnt) CRIMINAL LAW I SP Villa-Ignacio 1. Read Reyes book, then familiarize with the codal provisions 2. Read the problems carefully 3. He usually gives long exams so manage your time wisely, just write the essentials 4. Be responsive to the question 5. Cite RPC provisions as legal basis for higher credit