You are on page 1of 3

I. The Constitution A. Definition, nature and concepts The Constitution is the basic and paramount law of the land.

a True b False, because it is not basic law c False, because it is not only law of the land but also law of the sea d False, because it is not at all important e None of the above It is define as the study of the maintenance of the proper balance between authority and liberty. a. Political Law b. Public International Law c. Constitutional Law d. Administrative and Election Law e. Criminal Law It is defined as the body of rules of maxims in accordance with which the powers of sovereignty are habitually exercised. a. Civil Code b. Constitution c. Revised Penal Code d. National Interval Revenue Code. e. Corporation Code. This is a classification of constitution that consist of rule which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of of fundamental character, judicial decision, commentaries of publicist, custom and tradition and certain common law principles. a. Cumulative Constitution b. Unwritten Constitution c. Conventional Constitution d. Written Constitution e. Rigid Constitution Which of the following characteristics is not an essential quality of a written constitution? a. Ambiguous b. Broad c. Brief d. Definite e. Clear Which of the following is not an essential substance part of a written constitution? a. Constitution of liberty b. Constitution of government c. Constitution liberty d. None of the above This essential substantive part of a written constitution is a series of prescription setting forth the fundamental civil and political rights of the citizen and imposing limitations on the power of the government as a means of securing the enjoyment of those rights. a. Constitutional sovereignty

b. Constitution of government c. Constitution of liberty d. None of the above e. All of the above In case of doubt on the intendment of its framers, the provisions of the constitution should be interpreted as: a. Self- executing rather than non-self-executing b. Mandatory rather then directory. c. Prospective rather than retrospective. d. Progressive rather than petrified. e. A, B and C When there is a change of sovereignty, the political laws of the former soverign are: a. abrogated b. suspended c. retained. The term nation is: a. used interchangeably with the family of nations b. a legal concept c. implies a common race. B. Parts The three inherent powers of the state are always integral parts of the Constitution. a True b False, because the 3 inherent powers of the state are not always integral parts of the Constitution c False, because they are not always present in the Constitution d False, because they are not always present in the State e None of the above. C. Amendments and revisions Any of the following may propose amendment to the Constitution except: a a constitutional convention called 2/3 vote of all its members of Congress b a petition representing 12% of the nations registered voter wherein each legislative district is represented by 3% c vote of all the members of Congress d a petition representing 12% of the nations registered voter wherein each legislative district is represented by 5% e all of the above There are two steps in the amendments of our Constitution. a True b False, because there are many other steps c False, because judicial review is the 3rd step d False, because the Court may also provide another step e None of the above Amendments of the Constitution through peoples initiative cannot succeed without an enabling law and without involving the Senate. a. True.

b. This is incorrect because the amendment will succeed even without involving the Senate. c. The amendment will not succeed without an enabling law. d. The amendment will not succeed at all. After the Constitution was amended via Constitutional Convention, a case was filed for judicial review of the amendments. Will the case succeed? a. No, because the amendments to the Constitution are not subject to judicial review being political in nature. b. Yes, if it can be proven that certain procedural requirements were not complied with. c. No, because amendments via Constitutional Convention are not subject to judicial review. d. Yes, because both procedural and substantive aspect of the amendments are subject to judicial review. Which of the following body or person is not allowed to propose amendments to the constitution? a. Congress b. Constitutional Convention. c. The people d. The President e. None of the above D. Self-executing and non-self-executing provisions After obtaining 6.3 million signatures all over the country, Y, with several other groups and individuals, filed a petition with the COMELEC for the holding of a referendum to amend the Constitution. The COMELEC dismissed the petition for lack of an enabling law governing the amendment of the constitution through initiative as held in Santiago v. COMELEC. Y appealed to the Supreme Court but the Court dismissed his petition for non-compliance with Section 2, Article XVII of the Constitution which provides that Amendments to this Constitution may likewise be directly proposed by the people through initiative In its ruling, the Court on the deliberations of the framers of the Constitution which interpreted this provision to mean that the full text of the proposed amendments must be shown to each signatory which Y did not do. Y sought reconsideration, arguing, among others, that the Court erred in relying on the deliberations of the framers, and that it should have instead recognized the overwhelming sentiment of the people to amend the Constitution, which, done in the exercise of their sovereign right, trumps the interpretation of its framers. Are the contentions of Y valid? a. Yes, because the people are the ultimate source of sovereign power and the Supreme Court should have respected their sentiment; b. No, because the Supreme Court has the final say in interpreting the Constitution and the deliberations of the framers, showing their intent, are binding; c. Yes, because the provisions of the Constitution should be interpreted not only based on what its framers intended but also by how contemporary society interprets it; d. No, because an enabling is still necessary to amend the Constitution through initiative as held in Santiago v. COMELEC. E. General provisions In our jurisdiction, the power to ratify a treaty is vested in the: a. President b. Senate c. Congress by two-thirds vote of each House, voting separately.

You might also like